ILLINOIS POLLUTION CONTROL BOARD

December 20, 1985

WORLD COLOR PRESS,

INC.,

)

Petitioner,

v.

)

PCB 85—184

thru

85—188

and

ILLINOIS ENVIRONMENTAL

)

PCB 85—195 thru

85—200

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by J.D. Dumelle):

This matter comes before the Board upon eleven permit

denial

appeal petitions filed on December 11,

1985, on behalf of World

Color Press, Inc~ The Illinois Environmental Protection Agency

filed

a Motion to Consolidate

these proceedings on December

16,

1985.

The Motion

to Consolidate is hereby granted.

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 and all actual exhibits to

the Board within

5

days of the hearing.

The hearing officer may

by

order

set a schedule for submission of briefs.

But ~uch

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

87-123

---

—2—

recommendation by the equivalent number

of days, but

in any

circumstance the recommendation must be

filed at least

10

days

before

the hearing.

Because

this proceeding

is the type for which the

Illinois

Environmental Protection Act sets

a very short statutory deadlino

for Jecisionmaking, 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, ar~d 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 third 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 ,~1~-e-tA-’

,

1985 by

a vote of

7-~,

~,

/~..

Dorothy

N.

Gunn,

Clerk

—-

Illinois

Pollution

Control

Board

67-124