ILLINOIS POLLUTION CONTROL BOARD
    August 15, 1985
    COMMONWEALTU EDISON COMPANY,
    )
    )
    Petitioner,
    v.
    PCB 85—121
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent. )
    ORDER OF THE BOARD (by B. Forcade):
    On August 14, 1985, Commonwealth Edison Company filed
    Petition for Review of NPDES Permit No. IL 0002186. This matter
    ts accepted for hearing. Beating 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
    aet 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 heating
    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.
    Because this proceeding is the type for which the Illinois
    Environmental Protection Act sets a very short statutory deadline
    85-315
    for clecisionmaking, absent a waiver, the Board will granL
    xtensions or modifications only in unusual ~ircurns~ances. Anj
    -~ichmotLon must set forth an alternative schedule for notice,
    hearing, and final submissions, as well as the deadfjne for
    ~iecis ion, including response time to such a motion.
    Jlowevcr, nc
    Ruch motion shall negate the obligation of the hearing otf~~c
    tjj
    ~t a date pursuant
    to the second paragraph of
    thi~ Order.
    T
    IS SO ORDERED
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the /‘Y~ day of
    ~
    ,
    1985, by a vote
    /
    ~
    ~7) J
    ,~,
    Dorothy ~ Gunn, Clerk
    Illinois Pollution Control Board
    65~316

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