ILLINOIS POLLUTION CONTROL BOARD

March 14, 1986

AMERICAN HOECHST CORPORATION

(Ottawa Plant),

Petitioner,

v.

)

PCB 86—29

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by

B.

Forcade):

On February 28,

1986,

American Hoechst Corporation

filed

a

Petition for Review.

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.

---

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

N. Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby certify that the above Order was adopted on

the

/~‘~

day of ________________________,

1986,

by

a vote

of

~

Dorothy N.

dunn,

Clerk

Illinois Pollution Control Board