ILLINOIS POLLUTION CONTROL BO1~RD
    August 31,
    1989
    SAFETY-KLEEN CORPORATION,
    Petitioner,
    v.
    )
    PCB
    89—132
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On August
    24,
    1989,
    Safety—Kleen Corporation filed a
    petition for hearing for
    review of Condition No.
    4 of the closure
    plan permit modification approval for
    its facility located
    in
    Elgin,
    Illinois,
    No. ILD0008O5911 imposed by the Illinois
    Environmental Protection Agency.
    This matter
    is accepted for
    hearing.
    This matter concerns closure and post-closure care issues,
    and the parties are particularly directed to Board Opinions and
    Orders
    in Browning—Ferris Industries
    v.
    EPA, PCB 84—136, May
    5,
    1988, aff~d,179
    Ill. App.
    3d
    598,
    534 N.E.2d 616
    (2d Dist.
    1989),
    and Marley—Ingrid
    (USA),
    Inc.
    v.
    EPA, PCB 88—17,
    January
    19,
    1989,
    for discussions of
    standards of review and burdens of
    proof.
    The only issues before the Board are whether correct
    permitting procedures were followed and whether the application
    demonstrates that the Environmental Protection Act and Board
    regulations will or will not be violated.
    For each contested condition,
    the Board expects, and
    strongly encourages
    the parties to state the applicable
    regulatory law and relevant
    facts, with appropriate record
    citations, which demonstrate that
    a violation is likely or
    unlikely to occur.
    The parties are urged to focus on RCRA
    Update,
    USEPA Regulations, R87-39,
    February
    25,
    1988 and June 16,
    1988 and R87-26,
    December
    3,
    1987 and June
    16, 1988
    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 exhioits
    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.
    102—259
    —2—
    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 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.
    Because of requirements regarding the publication of notice
    of hearing,
    no scheduled hearing may be canceled unless the
    petitioner provides an open waiver
    or a waiver to a date at least
    75 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 decisionmaking,
    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
    such motion shall negate the obligation of the hearing officer
    to
    establish a scheduling Order pursuant
    to the fifth paragraph of
    this Order,
    and to adhere
    to that Order
    until modified.
    This Order will not appear
    in the Boards Opinion Volumes.
    IT
    IS SO ORDERED
    102—260
    —3—
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board,
    heteby certify ~hat
    the above Order was adopted on
    the
    3/s-
    day of
    ~
    ~?~r
    ,
    1989, by a vote
    of
    ~
    Ii
    Control Board
    102—261

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