ILLINOIS POLLUTION CONTROL BOARD
January 23, 1986
TRILLA STEEL DRUM CORPORATION,
Petitioner,
v.
)
PCB 86—9
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by B. Forcade):
On January
16, 1986,
Trilla Steel Drum Corporation filed
a
Petition for Variance.
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,
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.
67-543
—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.
At hearing, Trilla
is ordered
to provide information on
actual costs
of control equipment described in paragraph 39,
page
20
of
its Petition for Variance.
IT
IS
SO. ORDERED
I, Dorothy
Fl. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby
certify
th
t
the above Order was adopted on
the
~3~day
of
1986,
by
a vote
Illino
Pollution Control Board
67-544