ILLINOIS POLLUTION CONTROL BOARD
    March 20, 1997
    FOX WATERWAY AGENCY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 97-151
    (Variance-Water)
    ORDER OF THE BOARD (by M. McFawn):
    On March 3, 1997, Fox Waterway Agency (FWA) filed a petition for variance from
    several Board regulations. Specifically, FWA requests a variance from Section 304.105 as it
    applies to un-ionized ammonia and phosphorus, Section 304.106 as it applies to effluent
    turbidity, Section 304.123(b) as it applies to phosphorus, and Section 304.124(a) as it applies
    to TSS. (35 Ill. Adm. Code 304.105, 304.106, 304.123(b), 304.124(a) (1994).) This matter
    is accepted for hearing.
    The hearing must be scheduled and completed in a timely manner, consistent with
    Board practices and the applicable statutory decision deadline, or the decision deadline as
    extended by a waiver. (Petitioner may file a waiver of the statutory decision deadline pursuant
    to 35 Ill. Adm. Code 101.105 (1994).) The Board will assign a hearing officer to conduct
    hearings consistent with this order, and the Clerk of the Board shall promptly issue appropriate
    directions to that assigned hearing officer.
    The assigned 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, a statement
    regarding credibility of witnesses, and all actual exhibits to the Board within five days of the
    hearing.
    Any briefing schedule shall provide for final filings as expeditiously as possible and, in
    time-limited cases, no later than 30 days prior to the decision due date, which is the final
    regularly scheduled Board meeting date on or before the statutory or deferred decision
    deadline. Absent any future waivers of the decision deadline, the statutory decision deadline is
    now July 1, 1997 (120 days from March 3, 1997); the Board meeting immediately preceding
    the decision deadline is scheduled for June 19, 1997.
    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
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    parties, the hearing officer shall unilaterally set a hearing date in conformance with the
    schedule above. The hearing officer and the parties are encouraged to expedite this proceeding
    as much as possible.
    IT IS SO ORDERED.
    Board Member K. M. Hennessey abstained.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _____ day of ___________, 1997, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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