ILLINOIS POLLUTIOW CONTROL BOARD

October

24,

1985

t4ODINE MANUFACTURING

)

COMPANY,

Petitioner,

v.

)

PCB 85—154

ILLINOIS ENVIRONMENTAL

)

PROTECTION

AGENCY,

Res:~’ident~

ORDER OF THE BOARD

(by S.

Forcade):

On October

16,

1985,

Modine

Manufacturing Company (“Modine”)

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 80 days of the date of this

Order.

The hearing officer shall inform the Clerk o~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 90 days from the date of this Order.

If after appropriate consultation with the parties,

the

parties

tail

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 ~‘openwaiver” or

a waiver

of

decision until

a date certain.

Any waiver

shall extend

the time

deadline of Section 104.180 regarding filing the Agency

recornendation by the equivalent number of days, but

in any

circumstance the recommendation must be

filed at least 10 days

before the hearing,

66W. 183

---

Because this proceeding

is

the

type for which

the Illinois

Environmental Protection Act sets a very short statutory deadline

for decisiorunaking, absent

a waiver,

the Board will grant

extensions or modifications only in unusual circumetances.

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.

On page

13 of

the variance petition,

Modine requests “the

entire record”

in PCB 82—111

be

incorporated by reference

in this

proceeding.

That request

is denied,

The Board will incorporate

all Opinions and Orders

from

PCB 82—111

into this proceeding by

reference.

However, any other portion of

the record

in PCB 82—

111 which Nodine wishes included

in

this proceeding must be filed

with the Board

in

the usual manner.

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

~?~/-~Z-~

day of _______________________,

1985,

by a vote

of

~7_o

/~J

~

~7~•

/~:

/

Dorothy

M.

dunn, Clerk

Illinois Pollution Control Board

66484