ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    October
    23,
    1986
    THE CECO CORPORATION,
    )
    Petitioner,
    v.
    )
    PCB
    86—180
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    Respondent.
    ORDER
    OF
    THE
    BOARD
    (by
    J.
    Marlin):
    This permit appeal, filed October
    15,
    1986,
    seeks
    review
    of
    modifications
    to
    a closure plan issued pursuant
    to 35
    Ill. Adm.
    Code Part 725 of the Board’s RCRA regulations.
    The quality of several documents
    in the “Exhibits For
    Petition For Review”
    section are of very poor quality.
    In
    some
    cases key information
    is illegible.
    Ceco
    is requested
    to provide
    legible copies of the documents listed below:
    Exhibit
    3:
    Lab Analysis Reports
    —
    on
    various
    pages,
    words, numbers,
    and letters are
    illegible.
    Exhibit
    6:
    Exhibit
    7:
    Exhibit
    8:
    Cover
    Letter
    Exhibit
    9:
    Ten copies of the requested documents shall
    be
    filed with
    the
    Board
    within
    21 days of the date of this Order.
    Ceco may
    refile
    a complete set of exhibits
    if
    it
    so desires.
    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.
    73-416
    —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.
    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
    possib1 e.
    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 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.
    73-417
    —3—
    I,
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above Order was adopted on
    the
    ~
    day of ___________________________, 1986,
    by a vote
    of
    ________________
    J27~
    Dorothy
    M.
    unn, Clerk
    Illinois Pollution Control
    Board
    73-418

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