ILLINOIS POLLUTION CONTROL BOARD
January 7, 1993
OLIN
CORPORATION,
Petitioner,
)
)
v.
)
PCB93-4
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD (by B. Forced.):
On January 5, 1993, Olin
Corporation
filed a petition
for
permit review. On January
5, 1993 Charles B.
Merrill and iay
L.
Wacha of Nuach and Bppenberger
filed
a
sotion
to appear ~p ~ç
•xiga. This motion
is
granted and this matter is accepted for
hearing.
Hearing
must
be
scheduled
within 14 day. of the date of this
order and completed within 60 days of
the
date of this Order.
The
bearing officer shall inform the
Clerk *f 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 subeit an
xhibit list, and
all actual exhibits to the Board within
5 days of
the
bearing.
Any.
briefing schedule shall provide for
final tilings
as
exp~ditiously
as possible
and
in
no
event
later than
70
days fras
the date of this order.
If after appropriate consultation with
the
parties,
the
parties fail to provide
an
acceptable bearing
date or if
after an
attempt the hearing officer
is
unable to
consult
with
the
parties,
the hearing officer
shall unilaterally
set
a
bearing
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 dats. The hearing
officer and
the parties
are
encouraged
to expedite
this proceeding
as such
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) end 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.
0138-0337
2
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 vaivera or a waiver of
decision until a
date certain.
Because of requirements regarding the
publication
of notice
of bearing, no scheduled bearing 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
tim.
for the
Board
to republish
notice
of
hearing and receive transcripts
from
the bearing before the due
date. Any order by the bearing officer granting cancellation of
hearing ithall include a complete new scheduling order with a new
hearing date at least 40 days in
the
future end
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
sxtens ions or modifications
only in
unusual
circumstances. Any
such motion
must
set
forth an
alternative s~.dul. for notice,
hearing, and final
s~zbsission*,
as
well asthe
deadline
for
decision, including response
time
to such
a
action. However, no
such
motion shall negate the obligation of
the hearing officer to
establish a Scheduling order pursuant to the risquiraasnts of this
order, and .to adhire to that order until aodif Led.
IT IS SO ORDERED.
I,
Dorothy K. Gunn,
Clerk
of
the Illinois Pollution
Control
Board, hereby
cert
y that
the above
order was adopted
on
the
7~
day of
___________________,
1993,
by a vote
of
£~
Dorothy
K.
,
Clerk
Illinois
Pd~lutionControl Board
01 38~O338