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