ILLINOIS POLLUTION CONTROL BOARD
    April 23,1992
    THE GRIGOLEIT COMPANY,
    )
    Petitioner
    )
    )
    V.
    )
    PCB 92—23
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF• THE BOARD (by J. Anderson):
    On February 11, 1992, Grigoleit Company (“Grigoleit”) filed
    a petition to appeal the Illinois Environmental Protection
    Agency’s (“Agency”) imposition of several conditions on its
    January 7, 1992 operating permit. On that same date, Grigoleit
    filed its third motion for sanctions in PCB 89—184. That case
    involved Grigoleit’s appeal of the Agency’s denial of Grigoleit’s
    application for renewal of its operating permit. Grigoleit also
    filed a motion in this docket requesting the Board to stay the
    case until the Board issued a ruling on Grigoleit’s third motion
    for sanctions in PCB 89—184.
    On February 27, 1992, the Board transferred Grigoleit’s
    motion for sanctions into this docket. The Board, however,
    reserved ruling on Grigoleit’s motion for sanctions and its
    motion for stay because Grigoleit’s, petition for permit appeal in
    this docket was deficient. The Board directed Grigoleit to cure
    the deficiencies via an amended petition to be filed within 45
    days of the date of the order.
    On March 5, 1992, the Agency filed a motion to dismiss
    Grigoleit’s motion for sanctions.’ Grigoleit filed its response
    to the Agency’s motion to dismiss on March 13, 1992. On April
    15, 1992, Grigoleit filed its amended petition in this matter
    curing the relevant deficiencies.
    In its motion for sanctions, Grigoleit requests, in part,
    that the Board sanction the Agency for its failure to issue a
    permit in compliance with the Board’s December 6, 1991 order in
    PCB 89-184. In response, the Agency argues, in part, that
    Grigoleit’s motion for sanctions should be dismissed because the
    permit conditions that are the basis of the motion for sanctions
    1On February 27, 1992, the Board granted the Agency’s February
    24, 1992 motion requesting an extension of time to respond to
    Grigoleit’s motion for sanctions.
    133—153
    2
    must be addressed and reviewed at hearing pursuant to 35 Ill.
    Adm. Code 105.102(a)(2). In response, Grigoleit argues, in part,
    that the Board should strike the motion to dismiss because the
    Agency’s February 24, 1992 motion for extension of time to file a
    response to Grigoleit’s motion for sanctions was filed beyond the
    7 day time limit of 35 Ill. Adm. Code 101.241(b) and 23 days
    after Grigoleit’s motion for sanctions.
    Because Grigoleit has perfected its petition for permit
    appeal, the Board will set this matter for hearing. The Board
    also will take Grigoleit’s motion for sanctions with the case.
    As a result, the Board denies the Agency’s motion to dismiss
    Grigoleit’s motion for sanctions and Grigoleit’s motion for stay
    becomes moot.
    As for Grigoleit’s response to the Agency’s motion to
    dismiss, we note that the Agency timely filed its motion for
    extension of time. specifically, Grigoleit mailed its motion for
    sanctions on February 11, 1992. Assuming 4 days for service of
    the motion (see 35 Ill. Adm. Code 101.144(c)) and the 7 day
    response time of 35 Ill. Adin. Code 101.241(b), the Agency should
    have filed its motion for extension by February 21, 1992. The
    proof of service that is attached to the Agency’s motion for
    extension indicates that the Agency mailed its motion on February
    21, 1992. 35 Ill. Adm. Code 101.102(d) states that the time of
    mailing shall be deemed the time of filing when a document is
    received by the Board after any due date.
    This matter is accepted for hearing. 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 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 the 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
    only provide the Board 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
    133— 154
    3
    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 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
    should allow 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
    Board~ h~~bycertify that the above Order was adopted on the
    ____________
    day of
    _________________,
    1992, by a vote of
    Dorothy M.~unn, Clerk
    Illinois ~1lution Control Board
    133—155

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