ILLINOIS POLLUTION CONTROL BOARD
    October 16, 1997
    DEAN FOODS COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 98-26
    (Permit Appeal - Air)
    ORDER OF THE BOARD (by C.A. Manning):
    On August 13, 1997, the Illinois Environmental Protection Agency (Agency) and Dean
    Foods Company (petitioner) filed a request for extension of the 35-day appeal period pursuant to
    Section 40 of the Environmental Protection Act (Act)(415 ILCS 5/40(a)(1) (1996)), relating to a
    July 10, 1997, Agency determination.
    On
    October 9, 1997
    , the Board received
    petitioner’s
    petition
    for review. The final determination concerns
    petitioner’s
    site located at 215 West Third Street,
    Pecatonica
    ,
    Winnebago County, Illinois. 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.) 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 a 30-day 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 February 6, 1998 (120 days from October 9, 1997); the Board meeting immediately
    preceding the decision deadline is scheduled for February 5, 1998.
    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
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    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.
    The Board notes that Board rules (35 Ill. Adm. Code 105.102) require the Agency to file the
    entire Agency record of the permit application within 14 days of notice of the petition.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 16th day of October 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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