ILLINOIS POLLUTION CONTROL BOARD
August 28, 1986
MODINE MANUFACTURING COMPANY,
)
)
Petitioner,
v.
)
PCB 86—124
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by B. Forcade):
On August
15,
1986, Modine Manufacturing Company
(“ModineTM)
filed
a Permit Appeal.
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 as expeditiously as possible but
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.
72-91
—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.
Because
of requirements regarding the publication of notice
of hearing,
no scheduled hearing may be canceled 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 scheduling
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
establish a scheduling Order pursuant
to the fourth paragraph of
this Order,
and
to adhere
to that Order
until modified.
On page two of
its petition, Modine seeks
to incorporate
by
reference the record from PCB 85—154 and PCB 82—112
into the
record on appeal here.
The issue of what should be included in
the
record
is not yet ripe for Board determination.
However, the
Board notes that any material from prior proceedings which
a
party seeks
to introduce
in this record must be physically
produced; incorporation by reference is not allowed.
IT IS SO ORDERED
I, Dorothy
M.
Gunn,
Clerk
of the Illinois Pollution Control
Board, hereby certify)~iatthe above Order was adopted on
the
~
day of
~—~_,Z
,
1986,
by a vote
of
~
.
0
Dorothy M. Gu
n,
Clerk
Illinois Pollution Control Board
72-92