ILLINOIS POLLUTION CONTROL BOARD
    October
    6,
    1988
    WILMER BROCKMAN;
    EDITH BROCKMAN;
    WILLIAM H. CLARKE;
    and PIONEER
    )
    PROCESSING,
    INC.,
    Petitioner,
    V.
    )
    PCB 88—158
    JOAN BENYA BERNABEI; TOWN OF OTTAWA;
    )
    PEOPLE OF THE STATE OF ILLINOIS
    )
    EX REL, NEIL
    F. HARTIGAN;
    ILLINOIS
    )
    ENVIRONMENTAL PROTECTION AGENCY;
    )
    LA SALLE COUNTY;
    MARIE MADDEN;
    )
    RESIDENTS AGAINST POLLUTED ENVIRONMENT;
    )
    ROSEMARY SINON; JAMES
    R. VALESONE;
    )
    and VILLAGE OF NAPLATE,
    )
    Respondents.
    ORDER OF THE BOARD
    (by B. Forcade):
    On October
    4, 1988, Wilmer Brockman, Edith Brockman, William
    H. Clarke and Pioneer Processing, Inc.
    (“Petitioners”)
    filed an
    appeal of permit denial and petition for declaratory ruling.
    The
    Board notes
    that it hereby dismisses
    the United States
    Environmental Protection Agency (“USEPA”)
    and removes it from the
    caption as a respondent.
    The Board lacks authority over the
    USEPA
    in these matters.
    Village of Sauget
    v.
    IEPA,
    et. al., PCB
    86—57
    ,86—58, 86—62, 86—63, June
    5,
    1988,
    citing
    Aminoil U.S.A.
    Inc.
    v. California State Water Resources Control Board, 674 F.2d
    1227 (9th Cir.,
    1982)1.
    This matter
    is accepted for hearing.
    The Board orders that the parties
    to this proceeding
    file
    simultaneous briefs on the following
    issues:
    1.
    Whether,
    on
    or
    about
    March
    22,
    1988,
    Petitioners
    validly
    withdrew
    any
    or
    all
    pending
    applications
    from
    the
    Illinois
    Environmental
    Protection
    Agency
    (“Agency”)
    relating to the LaSalle County
    site?;
    2.
    Whether
    the
    Agency
    had
    jurisdiction
    to
    issue
    a decision on any validly withdrawn
    application?;
    3.
    Whether
    this
    Board
    has
    jurisdiction
    to
    entertain
    any
    portion
    of
    the proceeding
    relating
    to a withdrawn petition?;
    and
    93—49

    —2—
    4.
    Whether
    any person
    other
    than
    the Agency
    is properly
    joined
    as
    a
    party respondent
    in this appeal?
    All parties must file an initial brief
    on these
    issues not
    later
    than November
    1,
    1988.
    Parties may file a response brief
    not later than November 15,
    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 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.
    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
    93—50

    —3—
    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.
    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 ________________________,
    1988, by
    a vote
    of
    7—0
    Illino
    tion Control Board
    93—51

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