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    ILLINOIS POLLUTION CONTROL BOARD
    January 10, 1991
    CERRO COPPER PRODUCTS, CO.,
    )
    Petitioner,
    V.
    )
    PCB 91—3
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On January
    4, 1991 Cerro Copper Products, Co. 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
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    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
    th
    the above Order was adopted on
    the /~~day of ________________________,
    1991, by
    a vote
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    Dorothy M.
    G94~h,Clerk
    Illinois Pol~itionControl Board

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