ILLINOIS POLLUTION CONTROL BOARD
    November 18, 1993
    EDGEWATER BEACH APARTMENTS CORP,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 93—183
    )
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by M. Nardulli):
    This matter comes before the Board on an amended petition
    filed on November 5, 1993, by Edgewater Beach Apartments Corp.,
    Chicago, Cook County, Illinois, seeking review of an Underground
    Storage Tank Reimbursement Determination. This matter is accepted
    for hearing.
    The Board’s decision time clock restarted upon the filing of
    the amended petition.
    Hearing must be scheduled within 14 days of the date of this
    order and completed within 60 days of the date of this order. The
    hearing officer shall inform the Clerk of the Board of the time and
    location of the hearing at least 40 days in advance of the hearing
    so that public notice of hearing may be published. After hearing,
    the hearing officer shall submit an exhibit list and all actual
    exhibits to the Board within 5 days of hearing. Any briefing
    schedule shall provide for final filings as expeditiously as
    possible and in no event later than 70 days from the date of this
    order.
    If after appropriate consultation with the parties, the
    parties fail to provide an acceptable hearing date or if after an
    attempt the hearing officer is unable to consult with the parties,
    the hearing officer shall unilaterally set a hearing date in
    conformance with the schedule above. This schedule will provide
    the Board only a very short time period to deliberate and reach a
    decision before the due date. The hearing officer and the parties
    are encouraged to expedite this proceeding as much as possible.
    Within 10 days of accepting this case, the hearing officer
    shall enter a hearing officer scheduling order governing completion
    of the record. That order shall set a date certain for each aspect
    of the case including: briefing schedule, hearing date(s),
    completion of discovery (if necessary), and pre—hearing conference
    (if necessary). The hearing officer scheduling order may be
    modified by entry of a complete new scheduling order conforming
    with the time requirements below.
    The hearing officer may extend this schedule only on a waiver
    of the decision deadline by the petitioner and only for the
    equivalent or fewer number of days that the decision deadline is
    waived. Such waivers must be provided for in writing to the Clerk
    of the Board. Any waiver must be an “open waiver” or a waiver of
    decision until a date certain.
    Because of requirements regarding the publication of notice of
    hearing, no scheduled hearing may be canceled unless the petitioner
    provides an open waiver or a waiver to a date at least 120 days
    beyond the date of the motion to cancel hearing. This shouldallow
    ample time for the Board to republish notice of hearing and receive
    transcripts from the hearing before the due date. Any order by the
    hearing officer granting cancellation of hearing shall include a
    complete new scheduling order with a new hearing date at least 40
    days in the future and at least 30 days prior to the new due date
    and the Clerk of the Board shall be promptly informed of the new
    schedule.
    Because this proceeding is the type for which the Illinois
    Environmental Protection Act sets a very short statutory deadline
    for making a decision, absent a waiver, the Board will grant
    extensions or modifications only in unusual circumstances. Any
    such motion must set forth an alternative schedule for notice,
    hearing, and final submissions, as well as the deadline for
    decision, including response time to such a motion. However, no
    such motion shall negate the obligation of the hearing officer to
    establish a scheduling order pursuant to the requirements of this
    order, and to adhere to that order until modified.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Bo rd hereby c tfy that the above order was adopted on the
    ______
    day of
    _____________________,
    1993, by a vote o
    _______
    ~‘Dorothy M. ~nn, Clerk
    Illinois P~3I1utionControl Board

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