ILLINOIS POLLUTION CONTROL BOARD

November 3, 1994

DOROTHY B. KINDY,

)

)

Petitioner,

V.

)

PCB 94—320

(Variance)

)

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER

OF THE BOARD:

On November 1, 1994, Dorothy B. Kindy filed a petition for

variance regarding her facility, located at 469 Sunset Ridge

Road, Northfield, Cook County, Illinois. This facility is

located in the Chicago ozone nonattainment area. In her petition

for variance, Petitioner fails to request a hearing in this

matter. To satisfy federal requirements a hearing must be held.

Accordingly, 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

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 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. Absent any future waivers of the

decision deadline, the statutory decision deadline is now March

1, 1995 (120 days from November 1, 1994); the Board meeting

immediately preceding the due date is scheduled for February 16,

1995.

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2

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 as

much as possible. The Board notes that Board rules (35 Ill. Adm.

Code 104.180) require the A~encvto file its recommendation for

disposition of the petition within 30 days of filing of the

petition.

This order will not appear in the Board’s opinion volumes.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control~

~

Board, hereby ~tify that the above order was adopted on the ~

day of

,

1994, by a vote ~f

~

I

Control Board