ILLINOIS POLLUTION CONTROL BOARD
    December
    5,
    1986
    SCHROCK/A TAPPAN DIVISION,
    Petitioner,
    v.
    )
    PCB 86—204
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by B. Forcade):
    On November
    20,
    1986, Schrock/A Tappan Division filed
    an
    Operating Permit Appeal.
    This matter
    is accepted for hearing.
    This matter
    is not consolidated with the contemporaneously filed
    Variance
    (PCB 86—205),
    and all filings
    in the two dockets shall
    be separate.
    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.
    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 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.
    74-2
    13
    —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.
    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
    I, Dorothy
    M.
    Gunn, Clerk
    of the Illinois Pollution Control
    Board, hereby certify th~t~
    the above Order was adopted on
    the
    ~
    day
    of ______________________,
    1986,
    by a vote
    of
    ~-c
    /,
    i4-~z~,
    ~
    /~/~
    Dorothy M. dunn, Clerk
    Illinois Pollution Control Board
    74-214

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