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

of

~

p

.

~-

Dorothy M. G/nn, Clerk

Illinois Pollution Control Board