ILLINOIS POLLUTION CONTROL BOARD
    April 9,
    1992
    LAW~N~EEF.C~ERS,
    INC.,
    )
    )
    ~ttioner,
    )
    v.
    )
    PCB 92—50
    )
    (Variance)
    ILLINOIS
    ENVIRO1~ENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF
    THE
    BOARD
    (by B.
    Forcade):
    On
    M~.rch30,
    192, Lawrence Brothers,
    Inc., filed a petition
    for an ai~variance for its facility located in Whiteside County,
    out~ic~e~1ieCity of Rock Falls.
    This matter is accepted for
    hearl
    .g.
    Hearing must be sch~duledwithin 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 ~
    location of the hearing at least 40 days in advance of
    hearing ~o that public notice of hearing may be published.
    After
    hea.~inq, the hearing officer shall submit an exhibit list and all
    act~
    ~
    ibits 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 da~ of this order.
    ~f after appropriate consultation
    with the parties, the
    partiee
    fail to provide an acceptable hearing date or if after an
    attempt
    the
    hearing officer is unable to consult with the
    pa~~
    the hearing officer shall unilaterally set a hearing
    dat.
    in conformance with the schedule above.
    This schedule will
    only ~a:ovidethe Board a very short time period to deliberate and
    re~rha decision before the due date.
    The hearing officer and
    th~
    ‘rties are encouraged to expedite this proceeding as much as
    poss~,
    ~3.
    ~‘ithin10 days of accepting this case, the hearing officer
    shafl. enter a hearing officer scheduling order governing
    compl ~tion of the record.
    That order shall set a date certain
    for e~chaspect 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
    waive~’~f the decision deadline by the petitioner and only for
    the equivalent or fewer number of days that the decision deadline
    2
    is waived0
    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
    recc~endationby 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
    hearinc~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, ~nd 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.
    I, Dorothy H.
    Gunn, Clerk of the Illinois Pollution Control
    ~
    hereby certify that the above order was adopted on the
    ~
    day of
    ___________________,
    1992,
    by a vote of
    7—o
    Dorothy H. ~thn, Clerk
    Illinois Po~1utionControl Board

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