ILLINOIS POLLUTION CONTROL BOARD
    November
    3,
    1988
    JAMES
    G.
    ESAREY,
    )
    Petitioner,
    v.
    )
    PCB 88—170
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On October
    21,
    1988, James G.
    Esarey filed
    a petition for
    review of permit denial.
    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.
    93—315
    —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.
    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
    P4.
    Gunn, Clerk of the Illinois Pollution Control
    Board,~h;reby certify
    t
    t
    the above Order was adopted on
    the
    ~
    day of _______________________,
    1988, by a vote
    of
    ~
    -~
    .
    Dorothy P~3unn, Clerk
    Illinois~’PollutionControl Board
    93—316

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