ILLINOIS POLLUTION CONTROL BOARD
January 17, 1972
In The Matter of
#R71—21
ADMISSIONS AND TRANSCRIPTS
Supplementary Opinion of the Board
(by Mr.
Currie)
On September 2,
1971, we authorized publication of
a
proposed procedural
rule.
designed to reduce the overwhelming
cost
to this Board of producing transcripts
of its many hearings.
After receiving public comments, we adopted on November
11 the
proposed rule
in respect
to admissions
of facts not genuinely
in dispute.
At that time we deferred action on the associated
proposal to require parties
in variance
and permit cases
at
their own expense,
“pending other efforts to solve the money
problem.”
The money prbblem has become progressively more serious.
We cannot continue paying for transcripts
and
get through
the
end of the
fiscal year without a supplementary
appropriation.
The General Assembly does not meet until April. Therefore
emergency
measures
are necessary
to shift the cost of hearings
if we are not
to be forced to shut down.
We therefore
adopt, with some reluctance,
the pending pro-
posal that will require petitioners in Variance
and permit cases
to furnish transcripts at their own expense. Because even this
measure does not go far enough to assure the Board’s continued
operation,
and because we do not wish to discriminate against
applicants
in variance and permit cases,
we have also proposed
today,
for adoption after
a period of public comment,
a
rule that would
extend the principle of party payment for transcripts to enforce-
ment cases and ~piit
the burden in all cases between both parties
(#R 72—1).
We havealso been forced by
the money pinch to vote to
postpone hearings
in enforcement cases until
this later rule
can become operative
(in February),
unless the parties agree to
supply
a transcript
now at their own expense.
We hope these measures will be temporary.
We have asked
for
a supplemental appropriation and will press
for it.~ We believe
it
should be
the State’
s
job to provide an inexpensive forum
for
the trial of poLLution cases.
Transcripts
in rule-making proceedings will continue to
be provided
at Board expense.
Parties are urged
to submit written
statements
at such hearings
(which they are welcome to give orally
as well),
in order
to reduce the cost of transcription.
3
—
487
Because of the immediacy of the money
crisis,
the
Board has certified that an emergency exists requiring that
these rules become effective immediately upon filing with
the
Secretary of State.
ORDER
Chapter
1 of the Rules and Regulations of the Illinois
Pollution Control Board is hereby amended by adding the following
provisions:
410
Transcripts.
In any proceeding brought pursuant to this Part
IV,
where
a hearing has been ordered by
the Board,
the Petitioner
shall
furnish to the Board with in 15 days following the
completion of said hearing,
at
its
own cost, seven copies of
a complete stenographic transcript of the proceedings
of the
hearing.
Upon petition and good cause shown the Board may
assume such cost. Any delay in the filing of the tran~ript
shall constitute
a waiver of the right to
a decision within
90 days under Section 38 of the Act,
for the period of the
delay.
505
Transcripts.
In any proceeding brought pursuant to this Part V,
where
a hearing has been ordered by
the Board,
the Petitioner
shall furnish
to
the Board within 15 days following the com-
pletion of said hearing,
at its own cost,
seven copies of
a
complete stenographic transcript of the proceedings of the
hearing. Upon petition and good cause shown
the Board may assume
such cost. Any delay
in the filing of the transcript shall con-
stitute
a waiver of
the right to
a decision within 90
days under
Section
40
of the Act,
for
the period of the delays
I, Christan
L. Moffett, Clerk
of the Illinois
Pollutio:i
Control
Board
certify
that
the Board adopted
above Opinion and
Order on the 17th day of January,
l972by
a vote
of 5-0.
3
—
488