ILLINOIS POLLUTION CONTROL BOARD
    March 19, 1987
    CITIZENS UTILITIES COMPANY
    OF ILLINOIS,
    )
    Petitioner,
    v
    )
    PCB 86—185
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by J. Anderson):
    On March 9, 1987 Citizens filed a motion for additional
    hearing and to postpone the briefing schedule pending such
    hearing. Citizens asserts that the purpose of hearing would be
    to update the record with developments concerning certain
    contractual negotiations. Citizens also asserts that based on
    this new information, it plans “to revise and update its proposed
    compliance schedule”. The Agency filed a response on March 17,
    requesting that the motion be denied unless Citizens filed a
    waiver or an amended petition. On March 19, Citizens filed a 60
    day waiver of the decision deadline.
    While the Board is, as a matter of course, interested in
    having as full a record developed for its review as is possible,
    the manner in which Citizens seeks to bring this information into
    the record is not procedurally sound. Introduction of new
    information and a new compliance plan for the first time at
    hearing would impair the ability of the Agency and other previous
    hearing participants to carefully assess such new information and
    to present any amendment to their previous positions concerning
    grant of variance. The Board will accordingly direct Citizens to
    file an amended petition within 14 days of the date of this
    Order, and the Agency to file any amendment to its previous
    recommendation within 14 days thereafter. Upon the filing of an
    amended petition, the Hearing Officer is authorized to schedule
    an additional hearing. During the interim, the briefing schedule
    established by the Hearing Officer on January 13 is stayed. The
    Hearing Officer has authority to modify the schedule as he may
    deem appropriate.
    Finally, the Board wishes to address two other points.
    First, even as of March 9 when the motion was filed requesting a
    March hearing date, the request was impossible to grant, given
    the 21 day notice of hearing publication requirement. Second,
    76.353
    —2—
    Citizens’ motion notes that the “Agency has already taken the
    position that, by virtue of the January 12, 1987 amendment to
    the petition, the Board decision is not due until May 12,
    1987”. This “Agency position” is in fact the Board’s consistent
    holding concerning amended petitions.
    Thus, the filing of an
    amended petition pursuant to this Order will restart the 120 day
    decision timeclock.
    The Board notes that, as the Agency
    asserted, matter of practicality,
    the Board could not have
    honored Citizens request for an additional hearing and have
    rendered a decision by May 12, 1987, given the 30 day lead time
    necessary to properly notice a hearing, the two week period after
    hearing for preparation and delivery of transcripts to the Board,
    and the customary one month period for Board discussion and
    deliberation of a decision at two bi—weekly Board meetings.
    There may be circumstances in Citizens situation which would
    result in imposition of a hardship were the Board to take a full
    120 days after the filing of an amended petition in which to
    reach a decision.
    If this is the case, Citizens
    is encouraged to
    present such circumstances at hearing and to specify the date by
    which decision would be desirable, to allow the Board to
    determine whether decision could or should be expedited.
    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
    ~77)4-&~L,
    ,
    1987 by a vote
    of
    _________________
    ~
    Dorothy M. Giinn, Clerk
    Illinois Pollution Control Board
    76-354

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