ILLINOIS POLLUTION CONTROL BOARD

June 20, 1986

U.S.

ARMY,

CORPS OF ENGINEERS,

)

and ALTON PACKAGING CORPS.,

)

)

Petitioners,

v.

)

PCB 86—71

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by B. Forcade):

On May 16,

1986,

the Army Corps of Engineers and Alton

Packaging Corporation filed

a petition for variance from certain

regulations pertaining

to Water Pollution Control.

On June

9,

1986,

the Board

received a citizen objection.

Also,

on June

16,

1986, petitioners filed

an Amended Petition.

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,

hearing date(s), completion of discovery (if necessary) and pre—

hearing conference

(if necessary).

The Hearing Officer

70-280

---

—2—

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 decisionrnaking,

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 that~theabove Order was adopted on

the ~O~Z-

day

of ______________________,

1986,

by a vote

of

7—0

.

?

(

~borothy M. Gunp~,Clerk

Illinois Pollution Control Board