ILLINOIS POLLUTION CONTROL BOARD

August

1, 1985

NATIONAL MARINE SERVICE, INC.,

)

Petitioner,

PCB ~5—i08

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 105.102 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

85-181

---

—2—

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

N0

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the

/44~

day of _______________________,

1985, by

a vote

~.

Dorothy

M.

Gunri, Clerk

Illinois Pollution Control Board

85-182