ILLINOIS POLLUTION CONTROL BOARD
September 25,
1986
CITY OF MORRIS,
)
Petitioner,
v.
)
PCB 86—125
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by J. Theodore Meyer):
On September 17,
1986,
the City of Morris
filed an Amended
Petition
for Variance.
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.
72-401
—2—
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 concurred.
I, Dorothy
M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on
the
‘~Z~day of
________________,
1986 by
a vote of
__________
~L~1
Dorothy
M. ~~3unn,Clerk
Illinois Pollution Control Board
72-402