ILLINOIS POLLUTION CONTROL BOARD

March

27,

1986

CITY OF FARMINGTON,

Petitioner,

v.

)

PCB 85—203

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by B.

Forcade):

On March 24, 1986,

the City of Farmington filed

an Amended

Petition

for Variance Extension.

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~

day of

________________,

1986, by

a vote

of

___________.

Dorothy

M.

Gi3nn, Clerk

Illinois Pollution Control Board