ILLINOIS POLLUTION CONTROL BOARD
December
5,
1986
IBP,
INC.,
)
Petitioner,
v.
)
PCB 86—174
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by
B.
Forcade):
On December
1, 1986,
the Illinois Environmental Protection
Agency (“Agency~) filed
a motion
for leave
to file Agency
recommendation instanter and Agency recommendation.
That motion
is granted.
The Agency recommendation is that variance be denied
for failure
to set forth
a full and detailed compliance plan,
and
in particular,
to propose
a schedule for the construction of
a
conventional clarifer.
On December
3, 1986,
IBP filed an amended petition for
variance which simply requested that this matter
be set
for
hearing.
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
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 Officer
shall
enter
a Hearing Officer Scheduling Crder governing
74-209
—2—
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.
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
shall negate
the obligation of the hearing officer
to
set
a date 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,7~hatthe above Order was adopted on
the
~
day of
~
,
1986, by
a vote
of
~ -o
.
Dorothy
M.
G(inn,
Clerk
Illinois Pollution Control Board
74-210