ILLINOIS POLLUTION CONTROL BOARD
    June 10, 1987
    FORMS CORPORATION OF AMERICA,
    )
    )
    Petitioner,
    )
    )
    PCB 87—73
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent..
    )
    ORDER OF THE BOARD (by B. Forcade):
    On May 29, 1987, Forms Corporation of America (hereinafter
    “Forms”) filed a petition for review of denial of permit.. This
    matter is accepted for hearing..
    The Board is unable to determine precisely what controversy
    Forms is bringing to the Board.. Form’s petition
    seeks review of
    an April 22, 1987,
    Illinois Environmental Protection Agency
    (“Agency”) denial of an air
    operating permit1.
    In any such
    proceeding, the Board must determine whether the Agency’s
    decision was correct based on the facts that were available at
    the time of the Agency’s decision.. Forms also indicates in its
    petition that it supplied additional information to the P~gency
    8)1.after ThatAprilapplication22,
    1987,
    andin
    aanynewfuturepermitAgencyapplicationaction (Pet..,on
    the
    par1.
    application would not
    be a part of this proceeding.. The Board is
    also uncertain about whether this petition for review was filed
    in a timely manner.. Therefore, the Board requests briefs from
    the parties on the following issues:
    1. Whether Forms is seeking review of the
    April 22, 1987, Agency decision or
    seeking review of a matter presently
    pending before the Agency; and
    2.. Whether this petition for review was
    filed in a timely manner..
    Forms’ brief must be filed not later than June 26, 1987, the
    Agency reply not later than July 10, 1987.. The Clerk of the
    Board is directed to provide a copy of Joliet Sand and Gravel
    Company v.. IEPA, PCB 87—55, June 10, 1987, to the parites for
    additional guidance on the matter..
    Hearing must be scheduled within 14 days of the date of this
    Order and completed within 60 days of the date of this Order..
    78413
    —2—
    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..
    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,
    78-414
    —3—
    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 N.. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify tha the above Order was adopted on
    the
    /4’~
    day of ______________________, 1987, by a vote
    of
    ~
    Dorothy M.. 9~inn, Clerk
    Illinois Po~LlutionControl Board
    ~g~4t5

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