ILLINOIS POLLUTION CONTROL BOARD
    June
    2,
    1988
    MCINTOSH LTD,
    and TURNBERRY
    UTILITIES,
    INC.,
    Petitioners,
    V.
    )
    PCB 88—81
    PCB 88—88
    ILLINOIS ENVIRONMENTAL
    )
    (Consolidated)
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by J. Marlin):
    By its Order May 21,
    1988, the Board ordered
    the parties
    in
    dockets PCB 88—81 and PCB 88—88
    to file statements addressing
    the
    issue
    of whether
    the two cases
    should be consolidated.
    In
    response
    to
    that Order,
    the Illinois Environmental Protection
    Agency
    (Agency), Turnberry Utilities,
    Inc.
    (Turnberry)
    and
    McIntosh Ltd.
    (McIntosh)
    filed statements on May 31,
    1988.
    Both
    the Agency and Turnberry believe
    that consolidation
    is
    appropriate.
    McIntosh,
    stated that
    it had no objection
    to
    consolidation.
    Consequently,
    the Board hereby consolidates
    dockets PCB 88—81 and PCB 88—88.
    Since
    as individual cases
    the decision deadlines
    in PCB 88—
    81 and PCB 88—88 are September
    8,
    1988 and September
    13,
    1988
    respectively,
    the decision deadline for this consolidated
    proceeding will
    be
    the earlier deadline, September
    8,
    1988.
    Also,
    the Board notes that any subsequent waiver
    of this decision
    deadline becomes effective only when both McIntosh and Turnberry
    agree
    to such
    a waiver.
    Since Turnberry requested
    a hearing
    in
    its May
    16, 1988,
    Petition for Variance,
    this consolidated proceeding
    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.
    90—63
    —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 petitioners
    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’t
    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
    petitioners provide 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 decisionrnaking, 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.
    90—64
    -.3—
    I, Dorothy
    M.
    Gunn,
    Clerk
    of the Illinois Pollution Control
    Board, hereby certify that
    the,.~above Order was adopted on
    the
    _______________
    day
    of
    ~v’—~—c_-
    ,
    1988 by a vote
    of
    -
    ~
    ~.
    Dorothy M./~unn,Cl
    rk
    Illinois Pollution Control Board
    90—65

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