ILLINOIS POLLUTION CONTROL BOARD

July 11, 1986

THE JENNISON—WRIGHT CORP.,

)

Petitioner,

)

v.

)

PCB 86—93

ILLINOIS ENVIRONMENTAL PROTECTION

)

AGENCY,

Respondent.

ORDER OF THE BOARD (by J. Anderson):

On June 25, 1986, The Jennison—Wright Corp. (Jennison—

Wright) filed a RCRA permit appeal.

The petition is unclear, in that a document, “Exhibit B”, is

stamped “Confidential”. This document appears to be an integral

part of the Consent Decree that is included in this petition as

Exhibit C. The Board orders the petitioner to clarify whether

“Exhibit B” has been claimed as a trade secret pursuant to 35

Ill. Adrn. Code 120.201, or confidential information pursuant to

35 Ill. Adm. Code 101.107. Jennison—Wright is ordered to respond

no later than Monday, July 28, 1986. In the interim, “Exhibit B”

will be kept as confidential.

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.

71-57

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—2—

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.

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 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 decisionxnaking, 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 seventh 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 the above Order was adopted on

the

/7~i

day of

____________________,

1986 by a vote of

_____

Doj~oth~TM..G~nn,Clerk

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Illinois Pollution Control Board