ILLINOIS POLLUTION CONTROL
    BOARD
    April
    21,
    1988
    FRED E.
    JURCAK
    Petitioner,
    v.
    )
    PCB 85—137
    (On Remand)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.D.
    Dumelle):
    On September
    4,
    1985,
    the Petitioner,
    Fred
    E.
    Jurcak,
    filed
    an appeal
    of
    an Illinois Environmental Protection Agency
    (Agency)
    decision imposing Special Conditions Nos.
    8 and
    9
    in the NPDES
    permit issued
    to Jurcak on July 31,
    1985.
    By Opinion and Order
    dated December
    20, 1985,
    and
    for the reasons
    set forth therein,
    the Board determined
    that
    it lacked the authority
    to review
    Special Condition No.
    8.
    Jurcak appealed that decision
    to the
    Illinois Appellate Court.
    On March
    8,
    1988,
    the Appellate Court,
    First District,
    in the case of Jurcak,
    Fred
    E.
    v.
    Illinois
    Environmental Protection Agency,
    No.
    1—86—1965,
    consolidated with
    1—86—2140,
    issued
    an order reversing
    the Board’s December
    20,
    1985 decision and remanding for hearing before the Board pursuant
    to
    35
    Ill. Adm. Code 105.l02(b)(8)
    “to consider whether
    there
    is
    an adequate factual basis
    for the imposition of Condition
    8.”
    On April
    19,
    1988 Petitioner
    Fred Jurcak (Jurcak) filed
    a
    motion for reconsideration pursuant to the mandate
    of the
    Illinois Appellate Court.
    Jurcak requests
    that the Board enter
    an order striking Condition
    8 from
    the NPDES permit.
    As
    the Board believes that Jurcak’s request
    for relief
    is
    premature
    in light
    of the Appellate Court’s order
    to hold
    a
    hearing,
    the Board hereby grants that portion of Jurcak’s motion
    that requests reconsideration and directs
    the Clerk
    to assign
    a
    hearing officer
    to set this matter
    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
    88—3 fl3
    —2—
    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.
    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.
    IT
    IS SO ORDERED.
    I,
    Dorothy
    M.
    Gunn, Clerk of
    the Illinois Pollution Control
    Board, hereby certify that the abqve Order was adopted on
    the
    ______________
    day of
    ____________,
    1988 by
    a vote
    of
    ________________.
    ~.
    ________
    Dorothy M.
    Gunn, Clerk
    Illinois Pollution Control Board
    88—304

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