ILLINOIS POLLUTION CONTROL BOARD
    July 11, 1991
    PAUL ROSMAN,
    )
    Petitioner,
    v.
    )
    PCB 91—80
    )
    (Underground Storage Tank Fund
    Reimbursement Determination)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD (by J.C. Marlin):
    This action was initiated by a petition filed May 13, 1991.
    Pursuant to the Board’s Order of May 23, 1991 identifying
    deficiencies in the petition, Paul Rosinan filed an amended
    petition. The amended petition satisfies the Board’s May Order,
    as it identifies the facility as being located in Chicago, and
    indicates that the May 13 petition was a timely appeal of an April
    10, 1991 Agency decision. As stated in the May Order, the Board
    will use the July 3, 1991 filing of the amended petition as the
    date which starts the Board’s decision tiinelock pursuant to Section
    40 of the Act.
    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.
    2
    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.
    This Order will not appear in the Board’s Opinion Volumes.
    IT IS SO ORDERED
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Boa~,-hereby cer y that the above Order was adopted on the
    1/
    day of
    __________________,
    1991, by a vote of
    70
    I
    ~
    I
    Dorothy M. ~nn, Clerk
    Illinois Pó~/lutionControl Board

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