ILLINOIS POLLUTION CONTROL BOARD
    August 15, 1996
    THE D.B. HESS COMPANY, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 96-194
    (Variance - Air)
    ORDER OF THE BOARD (by M. McFawn):
    This matter is before the Board on an amended petition for variance filed by petitioner
    D.B. Hess Company, Inc. (D.B. Hess) on August 1, 1996. D.B. Hess seeks a variance from
    the requirements of the Board’s lithographic printing rules found at 35 Ill. Adm. Code
    218.407(a)(1)(C), (D) and (E), 218.411(b)(1), (2), and (3), the related regulation at 35 Ill.
    Adm. Code 201.141, and Sections 9(a) and (b) of the Environmental Protection Act (415 ILCS
    5/9(a) and (b)) (Act), as they relate to three of its lithographic printing presses located at its
    facility in Woodstock, McHenry County, Illinois. The three presses for which D.B. Hess is
    seeking the variance consist of one ATF press and two Harris heatset web offset lithographic
    presses, and are identified as Presses 3, 4, and 5.
    On April 4, 1996, the Illinois Environmental Protection Agency (Agency) filed a
    motion to dismiss D.B. Hess’ original petition for variance filed on March 15, 1996. Due to
    the filing of the amended petition, that motion is moot. The Agency can address any
    outstanding objections in its recommendation.
    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.
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    20, 1996; the Board meeting immediately preceding the due date is scheduled for December
    19, 1996.
    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 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 Control Board, hereby certify that
    the above order was adopted on the _____ day of ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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