ILLINOIS POLLUTION CONTROL BOARD
January
9,
1986
VAN LEER CONTAINERS,
INC.,
Petitioner,
v.
)
PCB 85—227
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE
EOAIkD (by B.
Forcade):
On January
8,
1986, Van Lee Containers,
Inc.
filed
a
Petition for Extension
of Variance.
This matter
is accepted for
hearing.
Hearing must
be scheduled within
35 days
of the date
of
this Order
and completed within
80 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
90 days from the date of
this Order.
If after
appropriate consultation with the parties,
the
parties
fail
to provide an accept~ableheating 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.
67-459
—2—
Because of requirements regarding the publication of
notice
of hearing,
no scheduled hearing may be cancelled 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 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 t~atthe above Order was adopted on
the
~
day of ________________________,
1986, by
a vote
of
-7-a
.
7
~
Dorothy M.
G~(inn, Clerk
Illinois Pollution Control Board
67-460