ILLiNOIS

POLLUTION

CONTROL

lOUD

November 7, 1985

CITIZENS UTILITIES COMPANY

)

OF ILLINOIS,

Petitioner,

ye

PCI

85.166

)

ILLINOIS ENVIRONMENTAL

1

PROTECTION AGENCY,

Respondent.

ORDER OF THE

BOARD

(by B. Forcade):

On October

25, 1985, Citizens Utilities Company of Illinois

filed a Petition for Review.

This matter

is accepted for

hearing.

Bearing 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.

Tue

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 tte

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 estend 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.

86.335

---

Because this proceeding

is the type for which

the

Illinois

Environmental Protection Act sets

a

very

short

statutory

deadline

for decisioimaking,

absent

a waiver,

the Board will grant

extensions ~r 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

Illinois Pollution

Control

Board

86~336