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