ILLINOIS POLLUTION CONTROL BOARD
    August
    28,
    1986
    ENRON CHEMICAL COMPANY,
    )
    Petitioner,
    )
    v.
    )
    PCB 86—120
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by B. Forcade):
    On August
    19,
    1986, Enron Chemical Company filed an
    Amendment to Petition for
    a Variance.
    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.
    Any
    briefing 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.
    Within 10 days
    of accepting this case,
    the Hearing Officer
    shall enter
    a Hearing Officer Scheduling Order governing
    completion of the record.
    That Order
    shall
    set a date certain
    for each aspect of the case including:
    briefing schedule,
    hearing date(s), completion of discovery (if necessary) and pre—
    hearing conference
    (if necessary).
    The Hearing Officer
    Scheduling Order may
    be modified by entry of a complete new
    scheduling order conforming with the time requirements below.
    72.86

    —2—
    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 days,
    but
    in any
    circumstance the recommendation must be filed at
    least 20 days
    before the hearing.
    Because of requirements regarding the publication of notice
    of hearing,
    no scheduled hearing may be cancelled unless the
    petitioner provides an open waiver or
    a waiver
    to
    a date at least
    75 days beyond
    the date of the motion
    to cancel hearing.
    This
    should allow ample
    time for
    the Board
    to republish notice of
    hearing and receive transcripts from the hearing before the due
    date.
    Any order
    by the hearing officer granting cancellation of
    hearing shall include
    a complete new scheduiing
    order with a new
    hearing date at least
    40 days
    in the future and at least 30 days
    prior
    to
    the new due date and the Clerk
    of the Board shall
    be
    promptly informed of the new schedule.
    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,
    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 fourth paragraph
    of this Order,
    and
    to
    adhere
    to that Order
    until modified.
    IT
    IS SO ORDERED
    I,
    Dorothy M.
    Gunn, Clerk
    of the Illinois Pollution Control
    Board, hereby certify
    tat
    the above Order was adopted on
    the
    ~2f’~-
    day of ______________________,
    1986, by
    a vote
    of
    ~-p
    .
    ~
    ~•
    ~
    Dorothy M. ~unn, Clerk
    Illinois Pollution Control Board
    72.87

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