ILLINOIS POLLUTION CONTROL BOARD
    June
    22, 1989
    VILLAGE OF SAtJGET,
    Petitioner,
    v.
    )
    PCB
    89—86
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by R.
    C.
    Fleinal):
    On May 16, 1989, Village of Sauget filed
    a petition for
    extension
    of prior
    variance.
    In addition,
    the Board
    received
    objections
    to grant
    of variance on June
    8,
    9,
    and 13,
    1989.
    On
    June
    16, 1989,
    the Agency filed
    a Motion
    for Additional
    Information Order.
    Also
    in its motion,
    the Agency
    in the
    alternative
    requests that this matter
    be dismissed.
    The portion of
    the Agency’s motion requesting dismissal
    is
    denied.
    The facts
    and issues involving
    a compliance plan which
    the Agency
    alleges constitute grounds
    for dismissal
    are
    inextricably interwoven with issues
    to
    be examined
    with
    the
    merits
    of this petition.
    However,
    the Board
    reserves ruling
    on
    the portion
    of the Agency’s motion requesting additional
    information until
    a timely response
    is
    received or
    the response
    time has expired.
    Due
    to the strict time deadlines within which
    the Board must
    operate,
    this matter
    is accepted for hearing,
    subject
    to
    cancellation depending
    upon future action
    on
    the pending motion.
    The Board’s procedural
    rules
    at
    35 Ill. Adm Code
    104.200
    apply
    in this
    circumstance.
    Section 104.200 states,
    in part:
    Section
    104.200
    Notice
    of
    Hearing
    a)
    The
    Hearing
    Officer,
    after
    appropriate
    consultation
    with
    the parties,
    shall
    set
    a
    time
    and
    place
    for
    hearing
    to
    be
    held
    within
    60 days
    of the filing of the petition.
    b)
    The
    Hearing
    Officer
    shall
    give
    notice
    of
    the
    hearing
    in
    accordance
    with
    Section
    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.
    100—269

    —2—
    Therefore,
    the hearing officer must give notice of hearing
    to the objectors.
    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
    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 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
    trie
    Cloth
    of
    the Board.
    Any waiver must be an
    “open waiver” or
    a
    waiver
    ot
    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
    d~~ys
    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 iea~t
    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
    tIie
    ciu~?
    date.
    Any order
    by the hearing officer
    granting cancel~~itionof
    hearing shall
    include a complete new scheduling
    order witn
    a
    flc?.~i
    hearing date
    at least
    40 days
    in the future
    and
    at least
    30 days
    100—270

    —3—
    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 alternataive 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 otficer
    to
    set
    a date 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 certify that
    the above Order
    was adopted on
    the
    ~~?!
    day of _______________________,
    1989,
    by
    a vote
    of
    7~
    .
    ~
    Dorotriy
    Gunn,
    Clerk’
    Illinois Pollution Control
    Board
    100—271

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