ILLINOIS POLLUTION CONTROL BOARD
    December
    5,
    1986
    SCHROCK/A TAPPAN DIVISION,
    Petitioner,
    v.
    )
    PCB 86—205
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by B. Forcade):
    On November
    20,
    1986, Schrock/A Tappan Divison filed
    a
    Petition for Variance.
    This matter
    is accepted for hearing.
    This matter
    is not consolidated with the contemporaneously filed
    Permit Appeal
    (PCB 86-204),
    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 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.
    74-215
    —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 shall 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. Gunn,
    Clerk of
    the Illinois Pollution Control
    Board, hereby certify that ,~heabove Order was adopted on
    the
    ~
    day of ________________________,
    1986,
    by a vote
    of
    _______
    /7
    ~
    1~~~/
    ~
    Dorothy M. dunn, Clerk
    Illinois Pollution Control Board
    74-216

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