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