ILLINOIS POLLUTION CONTROL BOARD

March 14,

1986

ACME BARREL COMPANY,

)

Petitioner,

v.

)

PCB 86—31

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by

B.

Forcade):

On March

4,

1986, Acme Barrel Company filed

a Petition

for

Variance.

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’t

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 decisiorimaking, 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

/~/~Z-

day of

___________________

,

1986, by

a vote

of

7-c

/~

~

/

~/)

~

____

~r ~~n,Cleri~~

Illinois Pollution Control Board