ILLINOIS POLLUTION CCNTRCL BOARD
January
8,
1987
CITY OF SOUTH BELOIT,
Petitioner,
v.
)
PCB
86—213
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by
B.
Forcade):
On December
16,
1986,
the City of South Beloit, filed
a
variance petition.
Cn
January
5,
1987,
the
Board received
an
objection.
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 abcve.
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.
74-425
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.
~ny waiver must be an “open
waiver’1
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 decisionrnaking,
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
Chairman 3D.
Cumelle concurred.
I, Dorothy
M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify~thatthe above Order was adopted
on
the
2~-~
day of ______________________,
1987 by
a vote
of
C~.-c’
.
yJ~.
Dorothy
M.
d’unn,
Clerk
Illinois Pollution Control Board
74-426