ILLINOIS POLLUTION CONTROL BOARD
    October 23,
    1986
    BRAVO-ERNST DEVELOPERS,
    )
    Petitioner,
    v.
    )
    PCB 86—10
    ILLIINOIS ENVIRONMENTAL
    )
    PROTECTION
    AGENCY
    and
    COUNTY
    )
    OF
    DUPAGE,
    Respondents.
    ORDER OF THE BOARD
    (by
    B.
    Forcade):
    On September
    18, 1986,
    Bravo—Ernst Developers (“Bravo—
    Ernst”)
    filed
    a Motion
    for Reconsideration of the
    Board’s August
    14,
    1986, Denial
    of Variance.
    On October
    9, 1986,
    the Board
    ordered filing of additional comments by the parties not later
    than 5:00 p.m.,
    October
    22,
    1986.
    On October
    16,
    1986, DuPage
    Utility Company filed
    its response.
    On October 21,
    1986,
    Bravo—
    Ernst
    filed comments.
    On October
    22,
    1986,
    the County of DuPage
    filed comments
    in opposition
    to grant of variance.
    This matter will be
    set 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.
    At hearing,
    the participants must,
    at
    a minimum, address:
    (1)
    Whether
    Bravo—Ernst
    could
    construct
    an
    automated surge tank to meet the concerns
    expressed
    by
    the
    Agency
    and
    DuPage
    Utility
    Company
    and
    the
    terms
    of
    any
    transfer agreements; and
    (2)
    What
    additional
    wet
    weather
    flows,
    if
    any,
    would
    be
    added
    to
    the
    sewer
    system
    tributary
    to
    Meadows
    Subdivision,
    if
    the
    surge
    tank was constructed.
    73-406
    —2—
    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.
    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.
    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
    the
    Clerk
    of
    the
    Board
    shall be promptly informed of the new schedule.
    IT
    IS SO ORDERED
    Chairman J.D. Dumelle concurred.
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, herpby certify tha)~the above Order was adopted on
    the
    ~~-day
    of ______________________,
    1986, by
    a vote
    of
    ~—O
    2c~t4
    L,2),
    __
    Dorothy
    N.
    c~unn,Clerk
    Illinois Pollution Control Board
    73-407

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