ILLINOIS POLLUTION CONTROL BOARD
    November 8, 1990
    DEPARTMENT OF THE ARMY,
    )
    Petitioner,
    v.
    )
    PCB 90—199
    )
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by B. Forcade):
    On November 2, 1990, the Clerk of the Board docketed a
    petition for variance filed by the Department of the Army
    (“Army”). Also on November 2, 1990, the Army filed a motion
    requesting the Board to waive the required filing fee, stating
    that “the Federal Government, acting through its various
    agencies, has not had to pay fees or taxes to various state
    agencies.”
    As a temporary matter, this proceeding is accepted for
    hearing. The Board will temporarily suspend the requirement that
    the filing fee be paid immediately. The Board directs that the
    parties shall submit the federal statutory or case law authority
    for the waiver of filing fees not later than December 13, 1990.
    The parties should address whether the Board has authority here
    to waive the ~fee,which the Board is required to collect pursuant
    to Section 7.2 of the Illinois Environmental Protection Act, Ill.
    Rev. Stat. ch. 111 1/2, para. 1007.2 (1989).
    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
    —2—
    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
    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. Any waiver shall extend the time
    deadline of Section 104.180 regarding filing the Agency
    recommendation by the equivalent number of days, but in any
    circumstance the recommendation must be filed at least 20 days
    before the hearing.
    Because of requirements regarding the publication of notice
    of hearing, no scheduled hearing may be cancelled 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 be published in the Board’s Opinion
    Volumes.
    IT IS SO ORDERED.
    C:
    —3—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    t the above Order was adopted on
    Board,~~
    ______
    5dayebycertifyof _________________________
    ~
    ,
    1990, by a vote
    of
    ‘7-O
    Do r o t~~~nn~ k
    Illinois Pc(ilution Control Board

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