ILLINOIS POLLUTION CONTROL BOARD
February
6, 1986
SOURS GRAIN COMPANY,
)
Petitioner,
v.
)
PCB 85—190
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by B.
Forcade):
On January
8, 1986, Sours Grain Company (“Sours”)
filed
a
Response
to the Board’s November
21,
1985, More Information
Order.
On January
9,
1986,
the Agency again moved
for dismissal
and
or’ February
6,
Sours
filed a Response
to the Motion
to
Dismiss.
The Agency’s January
9,
Motion
to Dismiss is denied.
Sours’
February
6 Motion to File and Notion to Substitute are
granted.
The February
6,
1986, Response
to the Motion
to Dismiss
contains new material
information attested
to by affidavit and
constitutes
an amended petition restarting
the statutory decision
deadline.
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 yery 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.
—2--
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
fo 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 10 days
before
the hearing.
Because of requirements regarding the publication of notice
of hearing,
no scheduled hearing may be canceled 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
~
day of
___________
,
1986,
by
a vote
Dorothy
M. Gt~4~n,Clerk
Illinois Pollution Control Board