ILLINOIS POLLUTION CONTROL BOARD

September

5,

1985

FRED E.

JURCAK,

)

Petitioner,

PCB 85—137

tLLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent,

ORDER OF THE BOARD

(by B.

Forcade):

On September

4,

1985, Fred

E. Jurcak filed

a Permit

Appeal.

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 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 dead~ine 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 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.

65~453

---

—2—

Because this proceeding

is the type for which

the Illinois

Environmental Protection Act sets a very short statutory deadiinc~

Cot decisionmaking,

absent

a waiver,

the Board will grant

extensions or modifications only

in unusual circumstances.

Any

such motion must set

forth an alternative schedule

tot notice,

hearing,

and final submissions,

as well as

the deadline for

decision, including response

time to such a motion.

However, no

such fnotion

shall negate

the obligation of

the hearing officer ~c;

s~-~t

a date pursuant to the second paragraph of

this Order.

IT

IS SO ORDERED

I,

Dorothy

M.

Gunn, Clerk of the

Illinois Pollution Controi

Board,~herebycertify

tha

the above Order was adopted on

the

~

day of ________________________,

1985,

by

a

vot~

of

~

Y2i.

Dorothy

M.

Guñri, Clerk

Illinois Pollution Control

Board