ILLINOIS POLLUTION CONTROL BOARD

November

7, 1985

PFIZER PIGMENTS INC.,

Petitioner,

v.

)

PCB 85—107

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by B.

Forcade):

On October

30, 1985, Pfizer Pigments

Inc.

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 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

rio

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

recommendation by the equivalent number

of days,

but

in

any

circumstance the recommendation must

be filed at

least

10 days

before

the hearing.

66~29i

---

—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

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 7~-~ day of ________________________,

1985,

by

a vote

of

7-~

.

Dorothy M.

Gunn, Clerk

Illinois Pollution Control Board