ILLINOIS POLLUTION CONTROL BOARD
    April
    24,
    1986
    VILLAGE OF SAUGET,
    Petitioner,
    v.
    )
    PCB 86-57
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,AND
    UNITED STATES ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondents.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On April
    18,
    1986,
    the Village of Sauget
    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.
    69-266

    —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 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 second paragraph of
    this Order.
    The parties are ordered
    to provide briefs
    to the Board not
    later than May 15,
    1986,
    on whether
    the Board has jurisdiction
    to
    join USEPA as
    a necessary party in an adjudicatory proceeding.
    Additionally,
    the parties are requested to provide comments
    on whether PCB 86—57 and 58 should be consolidated into one
    proceeding
    IT
    IS
    SO ORDERED
    I,
    Dorothy M.
    Gunn, Clerk
    of the Illinois Pollution Control
    Board, he~ebycertify that
    the, above Order was adopted on
    the
    ~/(~A
    day of
    C~-i
    ~
    ,
    1986,
    by a vote
    of
    _______.
    ‘/7
    -
    ~
    ~.
    Dorothy
    M.
    G(inn, Clerk
    Illinois Pollution Control Board
    69-267

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