ILLINOIS POLLUTION CONTROL BOARD
    April 24, 1986
    MONSANTO COMPANY,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 86-63
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,AND UNITED
    )
    STATES ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondents.
    )
    ORDER OF THE BOARD
    (by
    B.
    Forcade):
    On April 21,
    1986, the Monsanto Company 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.
    69-293
    -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.
    Anyorder 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.
    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 86-62 and
    63 should be
    consolidated into one
    proceed ing
    Additionally, the parties are ordered
    to provide briefs to
    the Board not later than May
    15, 1986,
    on whether the Board has
    authority to entertain this Permit Appeal.
    The parties attention
    is directed to Landfill,
    Inc.
    v.
    Pollution Control Board,
    74
    Ill.
    Zd 541
    (1978); Village of Gilberts
    v.
    Holiday Park,
    PCB 85-96
    (August
    15,
    1985); and
    35 Ill.
    Adm. Code 105.102(b)(3).
    The motion by Monsanto for leave to appear
    is granted.
    IT IS SO ORDERED
    Chairman J.D.
    Dumelle and Board Member
    J. Anderson
    dissented.
    I, Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that
    he above Order was adopted on
    the
    ~~~day
    of ________________________,
    1986, by a vote
    of
    _______.
    7’,’
    ~
    ~•
    L~/
    Dorothy
    M. C~n, Clerk
    Illinois Pollution Control Board
    69-294

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