ILLINOIS POLLUTION CONTROL BOARD

April 10,

1986

WELLS MANUFACTURING COMPANY,

)

)

Petitioner1

)

v.

)

PCB 86-48

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

)

ORDER OF THE BOARD

(by B. Forcade):

On April

1,

1986, Wells Manufacturing Company 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 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, written schedule for

submission of briefs if any andall 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.

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 105.102 regarding filing the Agency record by

the equivalent number of days, but

in any circumstance the record

must be filed at least 10 days before the hearing.

69-50

---

-2-

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 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 second paragraph of this Order.

IT IS SO ORDERED

I,

Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify tha~the above Order was adopted on

the /~fl2~

day of

~

,

1986,

by a vote

of

~,—ô

.

Dorothy

M. G~nn,Clerk

Illinois

Pollution Control Board