ILLINOIS POLLUTION CONTROL BOARD
June
21, 1990
LAND AND LAKES COMPANY,
)
Petitioner,
v.
)
PCB 90—118
)
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by B. Forcade):
On June
20,
1990, Land and Lakes Company filed
a petition
for permit
review.
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 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 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
H
—2—
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 making a decision, 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 requirements 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
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify t~t the above Order was adopted on
the
~/‘~day
of ______________________,
1990, by a vote
of
7—c’
.
£9
M?.
~
Dorothy M. ~
Clerk
Illinois Pd-~lutionControl Board