ILLINOIS POLLUTION CONTROL BOARD
    October 29,
    1992
    ATWOOD INDUSTRIES,
    INC.,
    )
    Petitioner,
    PCB 91—52
    v.
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by B. Forcade):
    On October 15,
    1992, Atwood filed a joint status report along
    with a motion to file the status report instanter.
    The motion to
    file
    instanter
    is
    granted.
    The
    status
    report
    states
    that
    negotiations have been continuing with the Illinois Environmental
    Protection Agency
    (Agency) and several issues have been resolved.
    Atwood
    believes
    that
    given
    the
    significant
    progress
    of
    the
    meetings,
    the matter will be resolved without a hearing.
    Atwood
    requests the Board to require the parties to file additional status
    reports on or before January 15,
    1993.
    The Board notes that the decision deadline in this matter has
    been waived only until March
    1, 1993.
    Given the decision deadline,
    if
    a
    hearing
    is
    needed,
    all
    hearings must
    be completed before
    January 30, 1993,
    in order for the Board to receive the transcripts
    in adequate time to reach its final decision.
    Failure to adhere to
    this schedule could
    jeopardize the Board’s
    ability to meet the
    decision deadline.
    The Board order of March 28,
    1991 accepting this matter for
    hearing provided that:
    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).
    ***
    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.
    U
    37-0037

    The hearing officer accepted this case on April
    8,
    1991.
    The
    only scheduling order
    in this matter was filed on May
    18,
    1992,
    more than
    a year after the hearing officer’~ acceptance
    of the
    case.
    This
    schedule established the
    completion
    dates
    for
    the
    hearing
    scheduled
    for
    July
    8,
    1992.
    This
    hearing
    was
    later
    cancelled and a new scheduling order was not filed.
    On July
    1,
    1992, Atwood filed a request to reschedule the hearing.
    No hearing
    is scheduled and the hearing officer has not submitted a scheduling
    order.
    The Board is concerned with cases where a scheduling order
    has not been filed especially in cases with a decision deadline.
    The Board will not allow a deadline case to remain on its docket
    without a schedule for completion.
    (See Kelley-Williamson v. IEPA
    (September
    3,
    1992), PCB 92—10.)
    The hearing officer is instructed to establish a schedule by
    which all hearings are to be
    completed on or before January
    30,
    1993 and submit
    a
    scheduling order to the Board.
    However,
    the
    hearing officer is authorized to modify the scheduling of hearings
    by filing
    a new scheduling order with the Board
    in the event an
    appropriate waiver is received.
    If an additional waiver is filed,
    the Board would expect the filing of an updated status report on or
    before January 15,
    1993.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that~beabove order was adopted on the
    ~27~7
    day of
    /~
    (fc~
    ,
    1992, by a vote of
    0137-0036
    Illinois
    Control Board

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