ILLINOIS POLLUTION CONTROL BOARD
    August
    15,
    1985
    L(4LINOIS POWER COMPANY
    (1-lennepin Power Plant),
    )
    Petitioner,
    v.
    )
    PCB 85—119
    EI4LINOIS ENVIRONMENTAL
    PROTECTION
    AGENCY,
    Respondent.
    ORDER OF
    THE
    BOARD
    (by B.
    Forcade):
    On August
    13,
    1985,
    Illinois Power Company filed
    a Petition
    for Review of NPDES Permit No.
    0001554.
    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 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
    then 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
    arid
    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
    t~heequivalent number of days, but
    in any circumstance the record
    must be
    filed
    at least
    10 days before the hearing.
    65-311
    —2—
    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
    ~
    a date pursuant to the second paragraph of this Order.
    IT
    IS SO ORDERED
    I,
    Dorothy
    M.
    Gunri, Clerk
    of
    the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    /~3~day of ________________________,
    1985,
    by a vote
    of
    T7-~
    .
    (-
    -
    ~
    Dorothy
    M.
    ~3unn,Clerk
    Illinois Pollution Control Board
    65-312

    Back to top