ILLINOIS POLLUTION CONTROL BOARD
    October
    12,
    1990
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    Complainant,
    V.
    )
    PCB 89—159
    (Enforcement)
    CROWN CORK
    & SEAL CO.,
    INC.,
    )
    a New York Corporation,
    Respondent.
    ORDER OF THE BOARD
    (by J. Anderson):
    On July 10,
    1990,
    hearing was held in this matter. At such
    time,
    the parties stated on the record that they had reached a
    settlement agreement, but were awaiting signatures and final
    approval of the agreement.
    Because the parties anticipated
    submission of the fully executed agreement within thirty days of
    the hearing,
    the Hearing Officer stated that the parties should
    submit
    the agreement on or before August
    9, 1990.
    On September 13,
    1990,
    the Board issued an order noting that
    it had not
    received the executed stipulation and proposal for
    settlement.
    It also stated that
    if the parties did not file the
    executed stipulation and proposal for settlement on or before
    September
    24, 1990,
    it would set the matter for hearing.
    As of this date,
    the Board has not received an executed
    stipulation and proposal for settlement.
    Accordingly,
    the Board
    orders this matter to be set 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 factual 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.
    The Hearing Officer
    and the parties are encouraged to expedite this proceeding as
    much as possible.
    115—261
    —2—
    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.
    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 the Clerk of the
    Board shall be promptly informed of the new schedule.
    Any motion for extension or modification 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
    Boar~hereby certify t~iatthe above Order was adopted on the
    //~-
    day of
    _______________,
    1990,
    by a vote of
    ~
    liii
    Control Board
    115— 262

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