ILLINOIS POLLUTION CONTROL BOARD
    March
    5,
    1987
    CITY OF ROCK ISLAND,
    Petitioner,
    v.
    )
    PCB
    87—13
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by
    B.
    Forcade):
    This matter comes before
    the Board
    on
    a January 30,
    1987,
    petition
    for variance filed by the City of
    Rock Island
    (“Rock
    Island”).
    On February
    5,
    1987,
    the Board
    issued
    an order
    finding
    the petition deficient
    in that it provided
    inadequate information’
    on
    the date
    and location of the
    individual
    trihalomethane
    (THM)
    samples which comprised the “range” of values since
    1981.
    The
    Board ordered
    that unless
    an amended petition was
    filed,
    the
    variance would be subject
    to dismissal.
    Additionally,
    the Board
    requested that Rock Island provide federal risk factor estimates
    used
    in promulgating the national THM standard.
    This request was
    not based
    on
    a finding
    of informational inadequacy but was merely
    made
    to supplement the
    record.
    On February 27,
    1987,
    Rock Island filed
    a Response
    to Board
    Order, which provided both the requested background information
    and specific THM data,
    as well as the federal risk assessment
    document.
    Rock Island, however, made
    a legal objection
    to the
    Board’s finding
    that its petition was inadequate.
    Rock Island
    asserts that the Board
    is without statutory authority to require
    it
    to submit any additional information beyond
    its petition,
    which
    it considers
    to materially satisfy the requirements of
    35
    Ill.
    Adrn.
    Code 104.121.
    Rock Island presumably does not view its
    Response to Board Order
    as an amended petition.
    The Board
    reaffirms ‘its February 5,
    1987,
    finding of
    inadequacy of Rock Island’s petition.
    On page
    5 of the original
    petition, Rock Island states:
    “Individual samples taken by IEPA
    since
    1981 have ranged from 0.033
    to 0.346 mg/I for TaM.”
    This
    sentence constitutes
    the only THM data provided
    to the Board
    in
    the petition.
    In
    a variance,
    the Board must determine the extent
    and severity of existing and potential environmental and human
    health impacts.
    Such a sketchy, generalized “range”
    is
    inadequate
    for this purpose, absent either
    some sort of
    statistical analysis or specific enumeration of the
    individual
    data points.
    As Rock Island has provided new factual
    76-135

    —2—
    information, deemed necessary by the Board
    for
    an adequate
    petition,
    this filing constitutes an amended petition
    for the
    purposes of calculating
    the statutory decision deadline.
    On February 23,
    1987,
    the Board received two citizen
    objections to this variance petition,
    thus,
    triggering
    a
    hearing.
    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
    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.
    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.
    76-136

    —3—
    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
    set
    a date pursuant
    to the seventh paragraph of this Order,
    and
    to adhere
    to that Order
    until modified.
    IT
    IS SO ORDERED
    I,
    Dorothy
    M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above Order was adopted on
    the
    ~
    day of
    ~7)~
    ~z-~L~-’
    ,
    1987, by a vote
    of
    ~
    t1
    ~.
    Dorothy M./Gunn, Clerk
    Illinois Pollution Control Board
    76-137

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