ILLINOIS POLLUTION CONTROL BOARD
    July 18, 1996
    MARATHON OIL COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 96-254
    (Variance - Air)
    ORDER OF THE BOARD (by J. Yi):
    On June 14, 1996 Marathon Oil Company (Marathon) filed a petition for variance
    regarding its refinery near the City of Robinson, Crawford County, Illinois. In our order of
    June 20, 1996, we found the petition to be deficient and ordered Marathon to file an amended
    petition within 45 days of that order.
    On June 21, 1996, the Illinois Environmental Protection Agency (Agency) filed a
    motion to dismiss. The Agency argues that the petition filed by Marathon is deficient because
    it fails to meet the minimal requirements of 35 Ill. Adm. Code 104.121. The Agency requests
    the Board to dismiss Marathon’s petition or in the alternative grant the Agency 14 days from
    the date the Board enters its order concerning the Agency motion to dismiss to file the
    Agency’s recommendation in this matter.
    On June 24, 1996, Marathon filed a response to the Agency’s motion to dismiss. In
    the response Marathon states that it intends to file an amended petition within the time allowed
    by the Board’s order of June 20, 1996. Marathon concludes that the Agency’s motion is
    therefore moot.
    On July 10, 1996, Marathon filed an amended petition. The amended petition
    satisfactorily addresses all of the Board’s concerns as mentioned in our June 20, 1996 order
    and meets the requirements of 35 Ill. Adm Code 104.121. As a result of the amended petition
    the Board denies the Agency’s motion to dismiss. Additionally, since Section 104.180 of the
    Board procedural rules allows the Agency to file its recommendation within 30 days from the
    date of filing of Marathon’s amended petition the request for alternative relief is unnecessary.
    Furthermore, since there was an amended petition filed in this matter the Board’s 120 day
    decision deadline in this case will restart on July 10, 1996, the date the amended petition was
    filed. 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
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    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 November 7, 1996 (120 days from July 10, 1996); there is a Board meeting presently
    scheduled for November 7, 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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