ILLINOIS POLLUTION CONTROL BOARD
    June
    25,
    1987
    CARGILL,
    INC.,
    Petitioner,
    v.
    )
    PCB 87—89
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On June 24,
    1987, Cargill,
    Inc.
    filed
    a petition for review
    of certain permit conditions..
    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.
    78-484
    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.
    IT IS SO ORDERED
    Chairman J.D. Dumelle dissented.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board,,he~bycertify tha
    the above Order was adopted on
    the
    ~t~~day
    of ________________________,
    1987,
    by a vote
    of
    ~
    /
    ~
    ef~
    Illinois Pollution Control Board
    78-485

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