ILLINOIS POLLUTION CONTROL BOARD
    June
    2,
    1988
    LAWRENCE BROTHERS,
    INC.,
    Petitioner,
    v.
    )
    PCB 87—180
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.D.
    Durnelle):
    This matter comes before the Board upon Petitioner’s filing
    of
    its May 25,
    1988,
    Second Amended Petition
    For Variance.
    In
    essence,
    the only real change
    in the Second Amended Petition
    is
    a
    challenge
    of the validity of
    35
    11.
    Adm.
    Code 215.204(j)
    as
    applied
    to Petitioner.
    Petitioner should note that
    the Board has
    recognized such challenges
    in the past
    (see Container Corp.
    v.
    IEPA, PCB 87—183, Opinion dated June
    2,
    1988);
    and Petitioner
    should review this earlier opinion regarding burdens,
    standard of
    review and evidentiary matter which have already been decided.
    The Board hereby accepts Petitioner’s
    filing of
    the Second
    Amended Petition.
    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 no
    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.
    90—49
    —2--
    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 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 t~i~
    above Order was adopted on
    the
    ~
    day of
    ~
    ,
    1988 by
    a vote
    of
    -7—c
    .
    7/
    Dorothy
    M. Aunn,
    Clerk
    Illinois Pollution Control Board
    90—50

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