ILLINOIS POLLUTION CONTROL BOARD

April 10, 1986

M.I.G. INVESTMENTS, INC.,

and

)

UNITED BANK OF ILLINOIS,

)

)

Petitioner,

)

)

v.

)

PCB 86-49

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

)

ORDER OF THE BOARD

(by B. Forcade):

On April 10, 1986, M.I.C.

Investments,

Inc., and United Bank

of Illinois 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

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.

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.

69.52

---

-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 that the above Order was adopted on

the /ô~

day of

—

.

,

1986,

by a vote

of

~,-o

.

~?.

orothy M.

Gu’nn,

Clerk

Illinois Pollution Control Board

69-53