ILLINOIS POLLUTION CONTROL BOARD

November 7, 1985

WORLD COLOR PRESS, INC.,

Petitioner,

PCB 85—172

ILLINOIS ENvIRONME~iT.~r~

PROTECTION AGENCY,

R~pondent.

ORDER OF THE BOARD ~by B. Forcade):

On November 1~ ~.985,World Color Press, Inc. filed a

Petition for Review o~Denial of Operating Permits. This permit

appeal seeks to rev:ew 17 Agency permit denials. The Board will

temporarily accept the single filing. However, World Press is

ordered to file separate permit appeals for the 16 other permit

denials (other than 79040019), The Clerk will reserve Docket

Nos. PCB 85—173 to PCB 85—178 for the remaining Salem presses and

PCB 85—179 to PCB 85—188 for the 10 Mt. Vernon facilities.

Unless the remaining permit appeals are filed by November 20,

1985, the Board will dismiss the remaining appeals from this

docket. The Board will entertain a motion to consolidate the

permit appeals for each of the two facilities into two

proceedings, if World Color so desires.

This matter is accepted for hearing. Hearing must be

scheduled within 14 days of the date of this Order and completed

within 60 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 70 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.

66-345

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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.

Because this proceeding is the type for which the Illinois

Environmental Protection Act sets a very short statutory deadline

for decisionmakin~ absent a waiver, the Board will grant

extensions or mod:L~:Lcations only in unusual circumstances. Any

such motion must

set

Eorth an alternative schedule for notice,

hearing, and final submissions, as well as the deadline for

decision, includino response time to such a motion. However, no

such motion shall negct:e 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.

Cunn,

Clerk of the Illinois Pollution Control

Board, hereby certify th t the above Order was adopted on

the

~

day of

1985, by a vote

Dorothy M. Gun

,

rn.

Clerk

Illinois Pollution Control Board

88-346