ILLINOIS POLLUTION CONTROL BOARD
July 11,
1986
ABBOTT LABORATORIES,
)
Petitioner,
)
v.
)
PCB 86—99
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by 3.
Anderson):
On July 11, 1986, Abbott Laboratories 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.
71-64
—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 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
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
ii. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that”~he~bove Order was adopted on
the
,/~
day of
-
,
1986, by a vote
of
‘-o
.
ILL
I
2~~7LY
Doró?hy
M
*
GjliiiI,
Cler
Illinois Pollution Control Board
71-65