ILLINOIS POLLUTION CONTROL BOARD
    June
    5,
    1986
    LAKE COUNTY PUBLIC WORKS
    )
    DEPARTMENT, WILDWOOD SUBDIVISION
    )
    WATER SUPPLY SYSTEM,
    )
    Petitioners,
    v.
    )
    PCB 86—75
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by
    B.
    Forcade):
    On May 23, 1986,
    Lake County Public Works Department
    filed
    a
    petition
    for variance
    from 35
    Ill. Adm. Code 602.105(a)
    and
    602.106
    to the extent
    those rules
    involve 604.301(a)
    (combined
    radium—226
    and radium—228)
    for the Wildwood Subdivision Water
    Supply System.
    This matter
    is set
    for hearing.
    At hearing,
    petitioner
    and respondent,
    Illinois Enviornrnental Protection
    Agency, are specifically directed
    to address whether blending
    water
    from wells
    5,
    6
    and
    7 is feasible as
    a compliance
    alternative.
    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 ~ina1 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
    70-150
    —2—
    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 waivers’
    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 reguirements 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.
    IT
    IS SO ORDERED
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify
    t
    t
    the above Order was adopted on
    the
    ~
    day of ________________________,
    1986,
    by a vote
    of
    -7—c’
    •
    Dorothy M.
    dunn,
    Clerk
    Illinois Pollution Control Board
    70-151

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