ILLINOIS POLL(JUTION CONTROL BOARD

August 15,

1985

TUE

CITY

OE’ ROCK ISLAND,

Petitioner,

v.

PCB 85—118

tt~LINOISENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by B. Forcade):

On August

13, 1985,

the City of Rock Island

filed an

Appearance, Petition

for Variance and Motion

for Hearing.

This

matter

is

accepted

for hearing.

Hearing must be scheduled within

14 days of

the date of this Order

and completed within 80 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

nays

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 90 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

104.180

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

65-309

---

—2—

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

the

~

day

of

_______________________,

1985,

by a vote

~

Dorothy M. G~nn,Clerk

Illinois Pollution Control Board