ILLINOIS POLLUTION CONTROL BOARD

February 26,

1986

CITY OF MENDOTA,

Petitioner,

v.

)

PCB 85—182

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by B.

Forcade):

On February

6,

1986,

the City of Mendota filed

an Addendum

for Variance/Exception.

This Addendum constitutes

an Amended

Petition.

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 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.

---

—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 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

~

day of

~

,

1986, by a vote

of

7-~c;

.

Dorothy N.

G~in,

Clerk

Illinois Pollution Control Board