ILLINOIS POLLUTION CONTROL BOARD

May 22, 1986

WELLS MANUFACTURING COMPANY,

Petitioner,

v.

)

PCB 86—48

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by B. Forcade):

This matter comes before the Board on an April 28, 1986,

Illinois Environmental Protection Agency (“Agency”) Motion for

Reconsideration of an April 24, 1986, Board Order directing that

the Agency’s record of decision be filed “expeditiously.” This

April 24, 1986, Order was entered in response to a Wells

Manufacturing Company (“Wells”) Motion to Compel Filing of Agency

Record. Reconsideration is granted.

The Agency argues that Wells has waived the statutory

deadline and that according to the terms of the Board’s April 10,

1986, scheduling order, it has up to 10 days before hearing to

file the Agency Record. The Board believes that this is not an

accurate interpretation of the scheduling order and will clarify

its intent.

Section 105.102 requires that the Agency file the Record

within 14 days of notice of petition of permit appeal. The April

10, 1986, scheduling order envisions a situation where no waiver

of statutory decision deadline is granted by a petitioner and the

record for Board decision needs to be completed in a short period

of time. Where a waiver has been granted, it was the Board’s

intent to allow a loosening of the tight schedule. However,

absent extenuating circumstances, the Agency Record should always

be filed expeditiously as required by the procedural rules. The

compilation of an Agency Record is not a process that normally

requires complex legal, technical or policy analysis like a

variance recommendation. Theoretically, it exists at the time

the Agency’s permit decision is made and the Board is not

presented with any reason or rationale why the Agency Record can

not be timely filed in this case. Therefore, the Board will

again order the Agency to file the record of decision. The

Agency shall file the Agency Record no later than June 2, 1986.

IT IS SO ORDERED.

70.56

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—2—

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the~Z2~dayof

_________________,

1986, by a vote

of

_____________

Ill s Pollut

Control Board