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
65-454