ILLINOIS POLLUTION CONTROL BOARD

August

1, 1985

EKCO PRODUCTS,

INC.

Petitioner,

v.

)

PCB

85—111

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 expedftiously 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 af~ter 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 104.160 regarding filing

the Agency

recomendation 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 P~:otectionAct sets a very short statutory deadline

65-187

---

—2—

for decisionmakirig, absent

a

waiver,

the Board will grant

extensions

or modifications

only

in unusual circumstances,

r~ny

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~

Gurin, Clerk of the

Illinois Pollution Control

Board, hereby

certify that the above Order was

adopted on

the

~ff

day

of

~,

1985,

by

a

vote

Illinois

Pollution Control Board

65-188