ILLINOIS POLLUTION CONTROL BOARD
    November
    3,
    1988
    DM1,
    INC.,
    )
    Petitioner,
    )
    v.
    )
    PCB 88—132
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by
    B. Forcade):
    On August 22,
    1988,
    DM1, Inc.
    filed
    a petition for variance
    which the Board found
    to be deficient.
    On November
    1,
    1988, DM1
    filed an amended petition.
    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 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 eater
    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.
    93—305
    —2—
    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.
    Any waiver shall extend the time
    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 days
    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 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
    set a date pursuant to the fourth paragraph of this Order,
    and
    to
    adhere to that Order
    until modified.
    This Order will not be published in the Board’s Opinion
    Volumes.
    IT
    IS
    SO
    ORDERED
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify
    hat the above Order was adopted on
    the
    ,~‘~‘~—day
    of ______________________,
    1988,
    by
    a
    vote
    of
    ~
    .
    Dorothy M.,~’unn,Clerk
    Illinois P~llutionControl Board
    93—306

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