ILLINOIS POLLUTION CONTROL BOARD
    October
    9,
    1986
    JOLIET SAND
    AND
    GRAVEL COMPANY,
    Petitioner,
    v.
    )
    PCB 86—159
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J. Anderson):
    This permit appeal was filed on September
    30,
    1986.
    On
    October
    8, the Agency filed
    a request for
    a one week extension of
    time,
    until October 22,
    in which to file the permit record.
    Joliet filed
    a response
    in opposition on October
    9.
    The Agency’s
    motion
    is hereby granted.
    The Board parenthetically notes that
    the decision period
    in this matter
    is 120 days and not 90 days,
    due
    to the enactment of
    P.
    A.
    84—1320, effective September
    4,
    1986.
    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,
    tI)e 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.
    73-68
    —2—
    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 d”adline
    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
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify
    thaj. the.~aboveOrder was adopted on
    the
    9~Z
    day of ______________________,
    1986,
    by
    a vote
    of
    ~—&
    Y~
    Dorothy M.
    G’unn, Clerk
    Illinois Pollution Control Board
    73-69

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