ILLINOIS POLLUTION CONTROL BOARD
    March 28, 1991
    CITY OF DEKALB,
    )
    Petitioner,
    PCB 91—34
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by B. Forcade):
    On February 26,
    1991, the City of DeKalb filed a petition
    for variance.
    On March
    21 and March 26, 1991 the Board received
    objections
    to the grant of variance.
    This matter is accepted for
    bearing.
    The Hearing Officer
    is required to inform the objectors
    of the hearing pursuant to 35
    Ill. Adm. Code 104.200(b):
    The Hearing Officer shall give notice of the
    hearing
    in accordance with
    35 Ill.
    Adm. Code
    103.123(b),
    at least
    21 days before the
    hearing to the petitioner,
    the Agency,
    and
    anyone who has filed an objection to the
    petition.
    Hearing must be scheduled within
    14 days of the date of this
    Order and completed withJ~n60 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,
    —2--
    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.
    R. Flemal abstained.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on t~e
    fl~t~L-
    day of
    _________________,
    1991,
    by
    a vote of
    ~
    ~
    1~.
    Dorothy
    M.
    G~4ifn, Clerk’
    Illinois Pol~’utionControl Board

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