ILLINOIS POLLUTION CONTROL BOARD
    March 14,
    1986
    HANSEN—STERLING DRUM CO.,
    )
    Petitioner,
    v.
    )
    PCB 85—221
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by
    B.
    Forcade):
    On February 26,
    1986,
    the Illinois Environmental Protection
    Agency (“Agency”)
    filed
    a Motion
    to Dismiss citing failure
    to
    provide information required
    in the Board’s January
    9, 1986,
    Order.
    On March
    5,
    1986, Hansen—Sterling Drum Company (“Hansen—
    Sterling”)
    filed
    a letter, supplying additional information
    and
    requesting
    the Board
    to deny the Agency’s motion as Hansen—
    Sterling did not receive the Board’s January
    9, 1986, Order
    requesting more
    information.
    The Motion
    to Dismiss
    is denied.
    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

    —2—
    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.
    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
    the
    /~/T~?-~day
    of
    ~771
    ~
    ,
    1986,
    by a vote
    of
    ~7—o
    .
    /7
    7/?
    Dorothy
    M.
    GUTnn, Clerk
    Illinois Pollution Control Board

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