ILLINOIS POLLUTION CONTROL BOARD
    July 11,
    1985
    NATIONAL t4ARINE
    SERVICE,
    )
    J~CORPORATED,
    )
    Petitioner,
    v.
    )
    PCB 85—94
    ILLINOIS ENVIRONMENTAL
    PROTECTION
    AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by
    B. Forcade):
    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 such
    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 l05.l02(a)(4)
    regarding filing the Agency
    record by the equivalent number of days, but
    in any circumstance
    the record 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 deadline
    65-71
    —2—
    for decisionmaking,
    absent a waiver,
    the Board will grant
    ectensions or modifications only in unusual circumstances.
    ~ny
    such motion must set forth an alternative schedule
    for notic’~,
    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
    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 t
    e above Order was adopted on
    the
    day of
    ___
    _________________,
    1985, by
    a vote
    ______
    ~
    ~
    Dorothy M. G~nn,Clerk
    Illinois Pollution Control Board
    85-72

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