ILLINOIS POLLUTION CONTROL BOARD

January

23,

1986

MARATHON OIL COMPANY

)

(Champaign Terminal),

Petitioner,

V.

)

PCB 83—26

ILLINOIS ENVIRONMENTAL

)

PROTECTION

AGENCY,

Respondent.

ORDER OF THE BOARD

(by B.

Forcade):

On November

21,

1985,

the Board rejected the parties

Stipulation and required

filings

on future proceedings

in this

case.

On December

13, Marathon Oil Company

(“Marathon”)

filed

a

reply requesting

the Board

to resolve

the issue

on

the merits and

reverse

the Agency’s imposition

of condition

5(u)

and

(6).

The

Agency

filed

a Motion

to Dismiss urging that the matter

is

moot.

Marathon responded on January

21,

1986,

that the issue

is

not moot and requested the Board

to deny the motion

to dismiss.

The motion

to dismiss

is denied.

The only information

before the Board

is that the permit

is

in effect and Marathon

objects

to

two conditions

therein.

In this circumstance,

the

case

is not moot.

The Board orders that

this matter proceed

to hearing on the

merits and

briefing.

At hearing,

the parties

are encouraged

to

address the following matters:

1.

The

“permit”

attached

as

exhibit

A

of

the

November

19,

1985,

Stipulation

is

not

identical

to

the

“Permit”

attached

to

the

March

4,

1983,

permit

appeal.

Contested

condition No.

6

is not present in the November

19,

1985,

filing

and

the

Board

cannot

determine

if

it

is

in effect

or

not.

2.

What equipment

at

the Marathon facility would

be

affected

by

condition

No.

5(u)

and

what

equipment by condition No.

6?

Following hearing,

the Board expects briefs

on the Agency’s

authority

to impose the contested

conditions.

Additionally,

the

Board orders the parties not to

file pleadings jointly captioned

for this case and PCB

83—29,

these cases

are not consolidated.

67-493

---

—2—

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,

written schedule for submission

of briefs

if any 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.

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.

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

75 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 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 decisionmaking,

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

set

a date pursuant to

this Order.

IT

IS SO ORDERED

67-494

---

‘-3—

I, Dorothy

M. Gunn, Clerk

of

the Illinois Pollution Control

Board, hereby certify

t1~t

the

above

Order

was

adopted

on

the

~3’~-~

day

of

_______________________,

1986,

by

a vote

of

--7-0

.

/

~

~2.

/4~,

Dorothy M.

Gunn,

Clerk

Illinois Pollution Control Board

67-495