Statutory Decision Deadlines and Waiver of Deadlines

Section 101 Section 101.308  Statutory Decision Deadlines and Waiver of Deadlines a)         Petitions in the following proceedings each have a 120-day statutory decision deadline:  Variances (Section 38 of the Act), Permit Appeals and UST appeals (Section 40 of the Act), Pollution Control Facility Siting Review (Section 40.1 of the Act), CAAPP permit appeals (Section 40.2 of the Act), and PSD permit appeals (Section 40.3 of the Act). Other adjudicatory proceedings may be subject to decision deadlines as provided by law. b)         When the petitioner does not waive the decision deadline, the Board will proceed expeditiously to establish all hearing and filing requirements.  Willful or unexcused failure to follow Board requirements on the deadlines will subject the party to sanctions under Subpart H.  This Section will be strictly construed when there is a decision deadline unless the Board receives a waiver under subsection (c). c)         All waivers of a deadline for Board action must be filed as a separate document.  Waivers must be titled and state which type of waiver it is, identify the proceeding by name and docket number, and be signed by the party or by an authorized representative or attorney.  A waiver of a statutory deadline does not preclude the Board from issuing an opinion or order prior to any decision deadline, nor does it preclude the filing of a motion seeking a decision on the matter. 1)         An open waiver waives the decision deadline completely and unequivocally until the petitioner elects to reinstate the 120-day decision period by filing a notice to reinstate.  Upon proper filing of the notice, the decision period is reinstated.  Under Section 101.300(b)(4), the decision period restarts on the date on which the notice to reinstate is filed with the Board. 2)         A time certain waiver must be expressed in length of days or to a specific calendar date.  If expressed in length of days, day one will be the first day after the date upon which the current time clock expires. If the petitioner files a time certain waiver before the hearing date, the waiver must be for at least 40 days.  If the extension is not renewed for at least 40 days prior to the decision deadline, the Board will set the matter for hearing.