ILLINOIS POLLUTION CONTROL BOARD

September 20, 1985

NORTH SHORE SANITARY DISTRICT,

Petitioner,

v.

)

PCB 85—138

tLLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by B. Forcade):

On September 10, 1985, North Shore Sanitary District filed

Petition to Contest the Decision of the Illinois Environmental

Protection Agency regarding a NPDES permit. This matter is

accepted for hearing. Hearing must be scheduled within 14 days

o1~

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 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.

11

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 he filed at least 10 days before the hearing.

65-549

---

—2—

Because

this

proceeding is the type for which the Illinois

Environmental Protection Act sets a very short statutory deadline

for decisiorimaking, 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

~.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby

certify

that the above Order was adopted on

the

c:?~~-

day of

~

,

1985, by

a vote

of

7~)

.

/

_____

Dorothy M~ Gunn, Clerk

Illinois Pollution Control Board

65~55O