ILLINOIS POLLUTION CONTROL BOARD
    June
    5, 1986
    FEDDERS—USA,
    )
    Petitioner,
    v.
    )
    PCB 86—47
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On May
    27,
    1986,
    Fedders—USA (“Fedders”)
    filed an Amended
    Petition
    to Extend
    and Modify Air Variance.
    On June
    2,
    1986,
    the
    Illinois Environmental Protection Agency filed
    a motion to
    renew
    previous motions
    to dismiss and motions
    to strike.
    As Fedders
    has not yet
    responded
    to
    the June
    2 filing,
    the Board will not
    rule on
    that matter
    yet.
    However,
    the Board does find the
    Amended
    Petition
    is not completely responsive
    to the April
    10,
    1986 Order.
    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.
    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,
    70-135
    —2—
    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.
    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 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
    set
    a date pursuant
    to the
    fourth paragraph
    of this Order,
    and to
    adhere
    to that Order until modified.
    Paragraph two of Fedders’ petition seeks to incorporate
    the
    record,
    Opinion and Order
    of Fedders’ prior variance proceeding,
    PCB 83—47,
    into this proceeding.
    The Board will incorporate the
    prior Opinion and Order
    by reference.
    However, any other portion
    of the prior
    record which Fedders desires
    to incorporate
    into
    this proceeding must be reproduced
    and filed with the Board
    as
    a
    supplemental filing or
    introduced at hearing.
    The Board will not
    incorporate
    the prior
    record by reference.
    IT
    IS SO ORDERED
    70-136
    —3—
    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
    ~7-~2
    .
    ~Z~Z~d~(
    ~~*2.~
    Dorothy
    M.
    Q~Thn, Clerk
    Illinois Pollution Control Board
    70-137

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