ILLINOIS POLLUTION CONTROL BOARD
    January 8, 1998
    EXOLON ESK COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 98-63
    (Permit Appeal - Water)
    ORDER OF THE BOARD (by R.C. Flemal):
    On October 27, 1997, the Illinois Environmental Protection Agency (Agency) and Exolon
    ESK Company (petitioner) filed a request for extension of the 35-day appeal period pursuant to
    Section 40 of the Environmental Protection Act (Act) (415 ILCS 5/40(a)(1) (1996)), relating to a
    September 26, 1997, Agency determination.
    On December 24, 1997,
    petitioner
    filed a petition for
    review regarding its facility located at Rural Route 1, Box 200A,
    Hennepin, Putnam County, Illinois. This matter
    is accepted for hearing.
    The hearing must be scheduled and completed in a timely manner, consistent with
    Board practices and the applicable statutory decision deadline, or the decision deadline as
    extended by a waiver. The Board will assign a hearing officer to conduct hearings consistent
    with this order, and the Clerk of the Board shall promptly issue appropriate directions to that
    assigned hearing officer.
    The assigned hearing officer shall inform the Clerk of the Board of the time and
    location of the hearing at least 30 days in advance of hearing so that a 21-day public notice of
    hearing may be published. After hearing, the hearing officer shall submit an exhibit list, a
    statement regarding credibility of witnesses, and all exhibits to the Board within five days of
    the hearing.
    Any briefing schedule shall provide for final filings as expeditiously as possible and, in
    time-limited cases, no later than 30 days prior to the decision due date, which is the final
    regularly scheduled Board meeting date on or before the statutory or deferred decision
    deadline. Absent any future waivers of the decision deadline, the statutory decision deadline is
    now
     
      
    April 23, 1998 (120 days from
    December 24, 1997
    ). The Board meeting immediately
    preceding the decision deadline is scheduled for April 16, 1998
    .
    .
    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. The hearing officer and the parties are encouraged to expedite this proceeding
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    as much as possible. The Board notes that Board rules (35 Ill. Adm. Code 105.102) require
    the Agency to file the entire Agency record of the permit application within 14 days of notice
    of the petition.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 8th day of January 1998, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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