ILLINOIS POLLUTION CONTROL BOARD
January
5,
1989
AT&T INFORMATION SYSTEMS,
INC.,
Petitioner,
v.
)
PCB 88—202
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD (by B. Forcade):
On December 19,
1988, AT&T Information Systems,
Inc. filed
a
petition for
review of operating permit for its Montgomery Works.
This matter
is accepted
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 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.
—2—
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 fourth paragraph
of this Order, and to adhere to that Order
until
modified.
This Order will
not appear in the Board’s Opinion Volumes.
IT
IS
SO ORDERED.
I, Dorothy
M.
Gunn, Clerk
of the Illinois Pollution Control Board, hereby
certif
that the above Order was adopted on the
~
day
of _______________________,
1989,
by
a vote of
~ —o
Control
Board
c~5~82