ILLINOIS POLLUTION CONTROL BOARD

June 13, 1985

~OODSTOCKDIE

CASTING,

Petitioner,

V.

)

PCB 84—134

ILLINOIS ENVIRONi~’TAL

)

PROTECTION AGEt~

)

)

Respon~’.

ORDER OF THE BoAR::~

~y J~

Theodore

Meyer):

The Agency’s i~tionfor

leave

to file agency variance

recommendation

inst::!:~ter filed

on June 5,

1985 is hereby granted.

Although

the ~ecision deadline for this proceeding has been

extended

to September 15, 1985,

the Board notes

that as of yet no

hearing has been schedulech

Because this proceeding is of the

type requiring notice

to the Clerk of the Board

at least 40 days

in advance of the hearing

so that public notice may be published,

hearing must

be scheduled within 14 days of the date

of this

Order and completed within 50 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

act~ialexhibits

to the

Boar’s 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

p

nie

and

in no event later

than

60

days

from

the

date

of

this

Order~~

If

after

appropri.ate

consultation

with

the

parties,

the

parties

fail

to

prov:L~ie 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 e:~tend this schedule only on

a

waiver of the decision deadline by the petitioner and only for

the equivalent

or fewer number

3f

days than the decision deadline

is waived.

Such waivers must b~provided

in writing to the Clerk

of

the Board.

84-231

---

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

:Ln unusual circumstances.

Any

motion

must set forth

an alternative schedule for notice,

hearing,

and

final

SUbmisSions,

as

well

as

the

deadline

for

decision,

inciuciii;g

response tii~

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

L)~~RE~).

I~Do~oth~

~llnn,~

Clerk of

the

Illinois Pollution Control

Board, hereby

:~iythat

the above Order was adopted on

the

/~-

c:

.t

______

1985, by

a vote

of

7-C)

(7

/

j~

Dorothy

M.

~unn,

Clerk

Illinois Pollution Control Board

~4~232