ILLINOIS POLLUTION CONTROL BOARD

November

7,

1985

~ESTERN ILLINOIS PO~ER

COOPERATIVE,

IWO.,

)

Petitioner,

V.

)

PCB 85—164

iLLINOIS

ENVLRONMENTAL

PROTECTION

AC~C~,

Respondent.

ORDER

OF

THE

T:T\RD

(by

B.

Forcade):

On

Octobe,:

24,

1985,

1~estern Illinois

Power

Cooperative,

Inc.

(

esterrY~

filed

a

Permit

Appeal

and

a

Motion

to

Consolidate.

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 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

waivert’

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

f~iieh

least 10 days before

the hearing.

66~

331

---

—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.

~estern~s Motion

to Consolidate

this permit

appeal

with

the

contemporaneonThy filed Variance Request

(PCB 85—165)

is

denied.

The

‘~yndards

for the two types of proceedings are

fundamentally

~fferent and consolidation would be

inappropriatc

IT

S

SO ORDERED

I,

Dorothy

N.

Gunn, Clerk

of

the Illinois Pollution Control

Board,

hereby

certify

that the above Order was adopted on

the

7~

day

of

4~,

1985,

by

a vote

of

Dorothy

M. dunn, Clerk

Illinois Pollution Control Board

66~332