ILLINOIS POLLUTION CONTROL BOARD
    March 7,
    1996
    J.M. SWEENEY COMPANY,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 96-184
    )
    (Variance
    -
    Air)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD:
    On February 28,1996, J. M. Sweeney Company filed a petition forvariance regarding its
    gasoline dispensing facility located at
    24545
    W. Miller Road,
    LakeZurich, Lake County,
    Illinois.
    This facility is
    located in the Chicago ozone nonattainment area.
    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 10
    1.105).
    The Board will assign a hearing officer to conduct hearings consistent with this
    hearing, and the Clerk ofthe Board shall promptly issue appropriate directions to that assigned
    hearing officer.
    The assigned hearing officer shall inform the Clerk ofthe Board ofthe time and location
    ofthe hearing at least 40 days in advance ofhearing so that public notice ofhearing may be
    published.
    After hearing, the hearing officer shall submit an exhibit list, a statement regarding
    credibility ofwitnesses and all actual exhibits to the Board within five days ofthe 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 ofthe decision deadline, the statutory decision deadline is now June 27,
    1996 (120 days
    from February 28,
    1996); the Board meeting immediately preceding the due date is scheduled for
    June 20,
    1996.
    Ifafter appropriate consultation withthe 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
    III. Adm. Code 104.180) require the Illinois Environmental
    2
    Protection Agency (Agency) to file its recommendation for disposition ofthe petition within 30
    days offiling ofthe petition.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk ofthe Illinois Pollution Control Board, hereby certify that the
    above order was adopted on the
    7~L
    day of
    ~
    ~
    1996, by a vote of
    7_c’
    Illinois Polli
    Control Board

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