ILLfl.TOIS POLLUTION CONTROL BOARD

March 27, 1986

VILLAGE OF LAKE ZURICH,

Petitioner,

v.

)

PCB 86—41

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by

B.

Forcade):

On March

18, 1986,

the Village of Zurich

filed

a Petition

for Variance.

On March

26,

1986,

the Board received

a letter of

objection from Mr.

and Mrs.

Carl Waggoner against

the Village

of

Zurich.

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 canceled 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 of

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

~7~t

day of

_______________,

1986,

by a vote

o f

~

p

.

~-

Dorothy M.

G/nn,

Clerk

Illinois Pollution Control Board