ILLINOIS POLLUTION CONTROL BOARD
    January 6, 1994
    J.M. SWEENEY COMPANY,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 93—257
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by M. Nardulli):
    On December 17, 1993, J.M. Sweeney Co. (Sweeney), filed a
    petition for variance with the Board. In its petition, Sweeney
    states that it “waives its right to request a hearing.” The
    Board believes that a hearing is required pursuant to federal law
    governing ozone non—attainment areas. (See 40 CFR SS 51.102 and
    51.104.) If Sweeney believes a hearing is not required, it
    should file an amended petition that addresses that issue.
    Notwithstanding the possibility that Sweeney will file an amended
    petition, the Board will proceed with this matter in order to
    avoid any undue delay. 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 (petitioner may file a waiver of the statutory
    decision deadline pursuant to 35 Ill. Adm. Code 101.105). The
    Chief Hearing Officer shall assign a hearing officer to conduct
    hearings. The Clerk of the Board shall promptly issue
    appropriate directions to the assigned hearing officer consistent
    with this order.
    The assigned 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, a statement regarding credibility of witnesses and
    all actual 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. In this case, the statutory
    decision deadline is April 18, 1994; therefore the decision due
    date is March 31, 1994.
    The hearing officer shall consult with the parties and set a
    hearing date in conformance with the above schedule. If after
    appropriate consultation with the parties, the parties fail to
    2
    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. The
    hearing officer and the parties are encouraged to expedite this
    proceeding as much as possible. The Board notes that Board rules
    (35 Ill. Adin.
    Code 104.180) require the Agency to file its
    recommendation for disposition of the petition within 30 days of
    filing of the petition.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Contrq~~
    Board, hereby cert that the above order was adopted on the
    (c’
    day of
    ,
    1994,
    by a
    voteof
    _____________
    Dorothy N. ~
    Clerk
    Illinois Poi(~ytionControl Board

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