ILLINOIS POLLUTION CONTROL BOARD
    April
    24,
    1986
    VILLAGE OF SAUGET,
    )
    Petitioner,
    v.
    )
    PCB 86—58
    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.
    69.268
    —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 statutorydeadline
    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.
    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,
    h reby certify that the a~oveOrder was adopted on
    the
    _____
    day of
    _____________________,
    1986,
    by
    a vote
    of
    7—o
    .
    Illino
    Pollut
    Control Board
    69.269

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