ILLINOIS POLLUTION CONTROL BOARD
    July 6,
    1990
    MARATHON PETROLEUM COMPANY,
    Petitioner,
    v.
    )
    PCB 90-~l26
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On July
    3,
    1990, Marathon Petroleum Company filed
    a petition
    for permit
    review.
    This matter
    is accepted for hearing.
    To
    facilitate appropriate notice of hearing,
    the Illinois
    Environmental Protection Agency
    is directed to file with the
    Board,
    as soon as possible, any notice list
    it may have developed
    during the process of issuing any permit involved
    in this
    proceeding.
    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, 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.
    Within
    10 days of accepting this case,
    the Hearing Officer
    shall enter
    a Hearing Officer Scheduling Order governing
    completion of the record.
    That Order
    shall set
    a date certain
    for each aspect of the case including:
    briefing schedule,
    hearing date(s), completion of discovery
    (if necessary)
    and
    prehearing conference
    (if necessary).
    The Hearing Officer
    Scheduling
    Order may be modified by entry of
    a complete new
    scheduling Order conforming with
    the time requirements below.
    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.
    Any waiver must
    be an
    “open waiver”
    or
    a waiver
    of
    decision until
    a date certain.
    Because of requirements regarding
    the publication of notice
    of hearing, no scheduled hearing may be canceled unless the
    petitioner provides an open waiver
    or
    a waiver
    to
    a date at least
    120 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 complete new Scheduling Order with
    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 making
    a decision, absent
    a waiver,
    the Board will grant
    extensions or modifications only
    in unusual circumstances.
    Any
    such mostion 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
    establish
    a Scheduling Order pursuant
    to the requirements of this
    Order, and
    to adhere
    to
    that Order
    until modified.
    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 certify that the above Order was adopted on the
    ~,iZ
    day of
    -,
    1990,
    by a vote of
    .~—
    ~
    Dorothy M. 9~nn,Clerk
    Illinois Pdflutjon Control Board

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