ILLINOIS POLLUTION CONTROL BOARD
    March 8, 1990
    NATIONAL STEEL CORPORATION,
    )
    GRANITE CITY DIVISION,
    )
    )
    Petitioner,
    v.
    )
    PCB 90—33
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD BY (B. Forcade):
    On March 7, 1990, National Steel Corporation, Granite City
    Division (National) filed a petition for review of certain
    conditions of a permit issued by the Illinois Environmental
    Protection Agency for the operation of the facility located in
    Granite City, Illinois. 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
    2
    modified by entry of a complete new scheduling order conforming
    with the time requirements below.
    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
    120 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 March 7, 1990, National filed a motion to allow its
    attorneys Chester R. Babst III, Steven F. Faith, and Babst,
    Calland, Clements and Zomnir, P.C., to appear Pro Hac Vice. This
    motion is granted.
    This Order will not appear in the Board’s Opinion Volumes.
    IT IS SO ORDERED
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    ,~pard,hereby certify that the above Order was adopted on the
    ~~day of
    ____________________,
    1990, by a vote of
    7-co
    Dorothy M. ,~nn, Clerk
    Illinois P6)lution Control Board

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