ILLINOiS POLLUTION CONTROL BOARD
    September 20, 1985
    CLr~ OF FLORA, ILLINOIS,
    Petitioner,
    v.
    )
    PCI..~
    85-—t2B
    iLL1NOI~ ENVIRONMENTAL
    PRC/IEC~IiON AGENCY,
    Respondent.
    ORDER OF THE BOARD (by B. Forcade):
    On August: 23, 1985, the City of Flora filed
    ~i
    pet.i~
    variance from various water pollution regu1ation~. On ~
    ~,
    11 and 12, 1985, the Board received citizen objeeLi’~ ~
    variance. This matter is accepted for hearing. 1iear~n.i .r~t U
    scheduled within 14 days of the date of this Order and coi~ipleteci
    within 80 days of the date of this Order. The hearing otticer
    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. ~ut such
    schedule shall provide for final filings as expeditiously as
    possible and in no event later than 90 days from the date 1: Lhi~
    Order.
    It 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 104,180 regarding filing the Agency
    recomendation by the equivalent number of days, but in any
    circumstance the recommendation must be filed at least 10 days
    before the hearing.
    65-547
    —2—
    Because this proceeding is the type for which the Illinois
    Environmental Protection Act sets a very short statutory deadline
    for decisionmakirig, absent a waiver, the Board will grant
    extensions or modifications only in unusual circumstances. Any
    such motion must set forth art 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 ~
    day of
    ________________________,
    1985, by a vote
    of
    7—”
    ~
    ~),
    /
    ___
    Dorothy M. Gtinn, Clerk
    Illinois Pollution Control Board
    65-548

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