ILLINOIS POLLUTION CONTROL

EiOARD

November

214, 1985

NATIONAL CAN CORPORTION,

Petitioner,

v.

)

PCB 85—191

ILLINOIS ENVIRONMENTAL

PROTEc’rIoN AGENC~?,

Respondent.

ORDER OF THE BOARD (by B.

Forcade):

On November

8,

1985, National Can

Corporation

filed

a

Petition for Variance.

This matter

is accepted

for hearing.

Hearing must

be scheduled within

14

days

of

t.L~e 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

t.ime

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

la~:er

than 70 days from

the date of

this Order.

It otter appropriate consultation ~ith

t~

p~rti~,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 104.180

regarding filing the Agency

recommendation by the equivalent number

of

days4, hu~in any

circumstance the recommendation must be filed

at least

10 days

before the hearing.

68~445

---

—2—

Because

this proceeding

is the type for which the Illinois

Environmental Protection Act sets a very short statutory deadline

for decisioninaking,

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, Dorothy

I’~

~

Clerk of

the illinc~Pollution Control

Board, hereby certify that the above Order was adopted on

the

~,-~---~-

day of

_______

1985,

by

a vote

of

_~1-’~

-.

M~nn,Cl~~

Illinois Pollution Control Board

~6~446