ILLINOIS POLLUTION CONTROL BOARD
    November
    8,
    1989
    OLIN CORPORATION,
    Petitioner,
    v.
    )
    PCB 89—178
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by B. Forcade):
    On November
    3,
    1989, Olin Corporation
    (“Olin”)
    filed
    a
    petition for
    review for denial by the Illinois Environmental
    Protection Agency (“Agency”)
    ~or its incinerator portion of its
    RCRA Part B hazardous waste management permit
    for its facility
    located
    in East Alton,
    Illinois.
    To facilitate appropriate
    notice of hearing,
    the Agency
    is directed
    to file with the Board,
    as soon as possible, any notice list it may have developed during
    the process of
    issuing this permit.
    In addition,
    the request
    for
    Maxine
    I.
    Lipeless
    to appear before
    the Board p~ hac vice
    is
    granted.
    This matter isaccepted
    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 as expeditiously as possible but
    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 Iiearing Officer
    shall enter
    a Hearing Officer Scheduling Order governing
    completion
    of
    the record.
    That Order
    shall
    set a date certain
    105
    357
    —2—
    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 ot
    requirements regarding the publication of notice
    of hearing,
    no ~cheduled hearing may be canceled unless the
    petitioner provides an open waiver
    or a waiver
    to a date at
    least
    120 days beyond the dat~of the motion
    to cancel heari~ng. This
    should allow ample
    time for
    tile Board to republish notice of
    hearing and receive t~anscriptsfrom 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 decisionmaking, absent
    a waiver,
    the Board will .•g~ant
    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 re~Donsetime to such a motich.
    However,
    no
    such motion
    shai
    rogate the oh1igat~or of
    the hearing officer
    tn
    establish
    a scheduling Order pursuant
    to
    the fourth paragraph
    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,
    hereby certif~’that the above Order
    was
    adopted on
    t~e
    S~
    day of
    ~
    ,
    1989,
    by
    a vote
    of
    ~/—~)
    .
    L
    /•
    7
    -
    -,
    I’
    /
    -~
    y
    Dorothy
    M.
    Günn, Clerk
    Illinois Po3~lutionControl Board
    105--35~

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