ILLINOIS POLLUTION CONTROL BOARD
January 23,
1986
HECKETT,
a
division of HARSCO
CORPORATION,
Petitioner,
v.
)
PCB 86—8
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER
OF’
THE BOARD
(by B. Forcade):
On January 13,
1986, Heckett filed
a Permit Appeal.
This
matter
is accepted for hearing.
Hearing must be scheduled within
14 days
of the date of this Order
and ccmpleted 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, written schedule
for submission
of
briefs
if any and all actual exhibits to the Board within
5 days
of
the hearing.
Any briefing 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.
67-541
—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 that the above Order was adopted on
~
day
of _______________________,
1986,
by a vote
of
7-a.
/
Ill
on Control Board
67-542