ILLINOIS POLLUTION CONTROL BOARD

May 22,

1986

HILLVIEW FARMS FERTILIZERS,

)

INC.,

)

)

)

Petitioner,

)

v.

)

PCB 86-70

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

)

ORDER OF THE BOARD

(by

B. Forcade):

On May 16,

1986, Hiliview Farms Fertilizers, Inc.

filed

a

Permit Appeal.

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 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.

70-62

---

-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 including 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 that the above Order was adopted on

the

‘~‘~-‘

day of ______________________,

1986, by a vote

of

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/

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Thorothy M. Cunn,

Clerk

Illinois Pollution Control Board