ILLINOIS POLLUTION CONTROL BOARD
    February 19,
    1987
    GENERAL TIRE,
    INC.,,
    Petitioner,
    V.
    )
    PCB 86—224
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by
    J.
    Anderson):
    On December
    30,
    1986, General Tire Inc.
    filed
    a petition for
    variance.
    On January
    8,
    1987, the Board received an objection
    from the Illinois Environmental Protection Agency and
    a citizen’s
    objection on January 21,
    1987.
    The Board issued
    a more
    information order.
    On February
    6,
    1987,
    General Tire filed
    an
    amendment
    to petition for variance.
    This matter is accepted
    for
    hearing.
    In its amended petition, General Tire failed
    to respond
    to
    that portion of the Board’s “more
    information” order that
    directed General Tire
    to “explain the rationale for extending
    compliance with 35
    Ill.
    Adm.
    Code Sections 215.462 and 215.465(b)
    until December
    31,
    1991, when
    the compliance option has not yet
    been selected”.
    General Tire amended its compliance date
    to
    December
    31,
    1989 without further
    comment (Amend. Pet. p.3).
    Rather than requiring General Tire
    to further amend its
    petition,
    and since
    this matter
    is going
    to hearing, General Tire
    is directed
    to respond
    at hearing
    to the deficiency noted
    above.
    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
    76-78
    —2—
    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
    coi~pletionof 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.
    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 decisionniaking, 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.,
    IT
    IS SO ORDERED.
    76-79
    —3—
    I,
    Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby
    certify
    that
    the
    above
    Order
    was
    adopted
    on
    the
    /9~-
    day of _______________________,
    1987, by a vote
    of
    ~
    Dorothy M.’Gunn, Clerk
    Illinois Pollution Control Board
    76-80

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