ILLINOIS POLLUTION CCNTRCL BOARD
December 18, 1986
VILLAGE CF LEMONT,
Petitioner,
v.
)
PCB 86—207
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
CREEP OF THE BOARD (by B. Forcade):
On December 3, 1986, the Village of Lemont filed a petition
for variance. On December 15, 1986, the Board received two
letters of objection. This matter is accepted for hearing.
Bearing niust 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.
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 Cfficer
shall enter a Bearing 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.
74-298
—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. Any waiver shall extend the time
deadline of Section 104.180 regarding filing the Agency
recommendation by the equivalent number of days, but in any
circumstance the recommendation must be filed at least 20 days
before the hearing.
Because of requirements regarding the publication of notice
of hearing, no scheduled hearing may be cancelled 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 sh~all negate the obligation of the hearing officer to
set a date pursuant to the fourth paragraph of this Order, and to
adhere to that Order until modified.
IT IS SO ORDERED
I, Dorothy M. C-unn, Clerk of the Illinois Pollution Control
Board, hereby certify~,thatthe above Order was adopted on
the
,/~-
day of
/L~—,-~~
,
1986, by a vote
of
~
/~
I
~~
Dorothy N. ~Gunn, Clerk
Illinois Pollution Control Board
74-299