ILLINOIS POLLUTION CONTROL BOARD

November

7,

1985

AMOCO CHEMICALS COMPANY,

)

Petitioner,

v.

)

PCB 85—169

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by B, Forcade):

On October

29, 1985, Amoco Chemicals Commpany filed

a

Petition for Review

of

NPDES Permit No.

IL 0001643.

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 oraer

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 waiver”

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.

66~341

---

—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, Dorc~hyM. Gunn,

Clerk of

the Illinois Pollution Control

f3oard, hereby certify that the above Order was adopted on

the

~T’~

day

of ________________________,

1985,

by

a vote

of

7-O

~

/27.

~

Dorothy M.

G~unn,Clerk

Illinois Pollution Control Board