ILr.~I~OISPOLLUTION CONTROL BOARD
June
5,
1985
DEMETER,
It’IC.
Petitioners,
v.
)
P08 85—75
ILLI~OtSENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by J.
D.
Dumelie):
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.
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,
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,
84-219
hearing,
and final submissions,
as weLi
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~Gunri, Clerk
of~ the Illinois Pollution Control
Board, hereby certify
tha,~
the above Order was adopted on
the
4~
day
of
__~~~__,
1985,
by a vote
R~L. i~.
Dorothy
M. dunn,
Clerk
Illinois Pollution Control Board
64-220