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