ILLINOIS POLLUTION CONTROL BOARD
    October 10, 1985
    BEKER INDUSTRIES CORPORATION,
    Petitioner,
    v.
    )
    PCL3
    85—146
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by B. Forcade):
    On October 2, 1985, Beker Industries Corporation filed a
    permit appeal. 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 aEter 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 decis:Lon 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
    66-51
    --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 M~. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby ceLtify that ~
    above
    Orde~: ~
    ad~pt~d on
    the /~Z
    day oi~ ________________________
    1985, by a vote
    of
    7_o
    Dorothy M. ~unn, C1e~k
    Illinois Pollution Control Board
    66-52
    .

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