ILLINOIS POLLUTION CONTROL BOARD
    January 24,
    1991
    BURLINGTON NORTHERN RAILROAD
    )
    COMPANY, L0950105026
    KNOX COUNTY,
    Petitioner,
    v.
    )
    PCB 91—11
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On January 18,
    1991 Burlington Northern Railroad Company,
    L0950105026/Knox County,
    filed a petition for hearing
    to review
    certain conditions imposed by the Illinois Environmental
    Protection Agency in its RCRA closure plan permit.
    This matter
    is accepted for hearing.
    This matter concerns closure and post—closure care issues,
    and the parties are particularly directed to Board Opinions and
    Orders
    in Browning—Ferris Industries
    v.
    EPA, PCB 84—136, May 5,
    1988, aff’d,
    179
    Ill. App.
    3d 598,
    534 N.E.2d 616
    (2d Dist.
    1989); Marley—Ingrid (USA),
    Inc.
    v.
    EPA, PCB 88—17, January
    19,
    1989; and Testor Corp.
    v.
    EPA, PCB 88—191, November
    2,
    1989 for
    discussions of standards of review and burdens of proof.
    The
    only issues before the Board are whether correct permitting
    procedures were followed and whether
    the application demonstrates
    that the Environmental Protection Act and Board regulations will
    or will not be violated.
    For each contested condition, the Board expects, and
    strongly encourages the parties
    to state the applicable
    regulatory law and relevant facts, with appropriate record
    citations, which demonstrate that a violation is
    likely or
    unlikely to occur.
    The parties are urged to focus on RCRA
    Update, USEPA Regulations, R87—39, February 25,
    1988 and June 16,
    1988 and R87—26, December
    3,
    1987.
    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
    —2—
    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
    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.
    —3—
    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 certif
    that the above Order was adopted on
    the
    ~?
    _________________________
    ______
    ________________________,
    1991, by a vote
    of
    .~a~dayof ________________________
    1e’±~
    k
    Illinois h~lutionControl Board

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