ILLINOIS POLLUTION CONTROL BOARD
April 12, 1990
MONSANTO COMPANY,
Petitioner,
v.
)
PCB 90—44
(Variance)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD (by B. Forcade):
On March 30, 1990, Monsanto Company filed a petition for
variance from 35 Iii. Adm. Code 215.966 for its W.G. Krummrich
plant located in the Village of Sauget, St. Clair County. It
should be noted that Monsanto has waived hearing. However, as
this is a request for variance an air standard, the matter is
accepted for hearing.
Monsanto, in Section 3 of its petition, requests that the
entire record of the prior variance be incorporated by
reference. Pursuant to 35 Iii. Adm. Code 101.106, the Board
denies that request; however, Monsanto may “upon separate written
request” incorporate portions of the prior record consistent with
the Board’s procedural rules at 35 Ill. Adm. Code 101.
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 a
reasonable 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
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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.
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. 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 fifth paragraph of
this Order, and to adhere to that Order until modified.
This Order will not appear in the Board’s Opinion Volumes.
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on
the ,~~7!—dayof
__________________,
1990, by a vote of 7z9
Dorothy M. unn, Clerk’
Illinois Pollution Control Board