ILLINOIS POLLUTION CONTROL BOARD
    August
    8,
    1991
    VILLAGE OF FOX RIVER GROVE,
    )
    Petitioner,
    )
    v.
    )
    PCB 91—104
    )
    (Variance)
    ILLINOIS.ENVIRONMENTAL
    )
    PROTECTION -AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.D. Dumelle):
    Currently before the Board in this case are
    1) the Village of
    Fox River Grove’s (“Village”) request for expedited hearing,
    2) the
    Illinois Environmental
    Protection Agency’s
    (“Agency”)
    motion
    to
    file
    its variance recommendation
    instanter,
    and
    3)
    a request
    to
    set this matter for hearing.
    Village Notion to Request Expedited Hearing
    On August
    1,
    1991, the Village filed a motion requesting the
    Board to expedite its decision on its petition for variance from
    restricted status.
    In support of its motion,
    the Village states
    that Gardner Terrace Development, Inc.,
    a developer which holds an
    option to purchase property within the Village on which it intends
    to develop a subdivision,
    filed
    a request with the Board
    on July
    25,
    1991
    for
    an
    expedited
    decision.
    It
    is
    the
    Village’s
    understanding that the development of the subdivision is dependent
    on
    the availability
    of
    a
    public
    water
    supply and that
    Gardner
    Terrace’s option
    to purchase
    the
    land
    for the development will
    expire shortly.
    The Village’s motion is granted.
    The Board will act on this
    case as soon as possible, consistent with hearing requirements (see
    below)
    and the Board’s workload and resources.
    Agency Notion to File Agency Recommendation Instanter
    On
    August
    5,
    1991,
    the Agency
    filed
    a motion
    to
    file
    its
    variance recommendation instanter.
    The motion is hereby granted.
    125—3 1

    Request for Hearing
    On August
    5,
    1991,
    Ms.
    Belinda Staurowsky,
    a hydrogeologist,
    filed a request to set this matter for hearing.
    In her letter, Ms.
    Staurowsky states that, although she is not a resident of Fox river
    Grove,
    several residents requested that she review the technical
    aspects of the variance.
    Ms. Staurowsky also states that:
    ...it
    would be
    in the best interest
    of the
    citizens
    of
    Fox
    River
    Grove
    if
    a
    public
    hearing would be conducted as it appears that
    there are several issues on which the public
    needs clarification.
    Specifically,
    I have not
    seen any hydrogeologic information that shows
    where the contamination is coming from, what
    the dimensions of the contaminant plume
    are,
    any
    groundwater
    analysis,
    or
    a
    schedule
    of
    remediation.
    Section 37(a)
    of the Environmental Protection Act
    (“Act”),
    Ill.
    Rev. Stat.
    1989,
    ch.
    111½,
    par.
    1037(a), states in part:
    If
    the
    Board,
    in
    its
    discretion,
    concludes
    that a hearing would be advisable,
    or if the
    Agency
    or
    any other
    person
    files
    a
    written
    objection to the grant of such variance
    ...
    a
    hearing
    shall
    be
    held,
    under
    the
    rules
    prescribed
    in Sections
    32
    and
    33(a)
    of this
    Act.
    (Emphasis added).
    Accordingly,
    this matter
    is accepted for hearing.
    The Hearing
    Officer is required to inform the objector of the hearing pursuant
    to 35 Ill.
    Adm. Code 104.200(b):
    The Hearing Officer shall give notice of the
    hearing in accordance with 35
    Ill.
    Adm.
    Code
    103.123(b),
    at
    least
    21
    days
    before
    the
    hearing
    to the
    petitioner,
    the
    Agency,
    and
    anyone
    who
    has
    filed
    an
    objection
    to
    the
    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
    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
    125—32

    3
    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 ç~ecisionbefore 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 in writing to the Clerk
    of the Board.
    Any waiver must be an “open waiver” or a waiver of
    decision until a date certain.
    Any waiver shall extend the time
    deadline of Section 104.180 regarding filing the Agency
    recommendation by the equivalent number of days, but in any
    circumstance the recommendation must be filed at least 20 days
    before the hearing.
    Because of requirements regarding the publication of notice
    of hearing, no scheduled hearing may be cancelled 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
    125—33

    4
    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
    Boa~,~herebycertif
    that the above Order was adopted on the
    X~f’-
    day of
    ,c-.--~-
    ,
    1991 by a vote of
    70
    ~
    ~
    Dorothy N,/~unn,Clerk
    Illinois Mllution Control Board
    125—34

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