ILLAIN ~JL~ E’JLLtJ I ILJIN LJIN I ItIJL 13U1&ItLJ
    March21, 1996
    THE D. B. HESS COMPANY, INC.,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB96-194
    )
    (Variance
    -
    Air)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by C.A.
    Manning):
    On March 15,1996 The D.B. Hess Company, Inc. filed a petition for variance regarding
    its facility located in Woodstock, MeHenry County, Illinois. 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 awaiver of the statutory decision deadline pursuant to
    35
    Ill. Adm.
    Code 101.105). The Board will assign ahearing officer to conducthearings consistent withthis
    hearing, and the Clerk of the Board shall promptly issue appropriate directions to that assigned
    hearingofficer.
    The assigned hearing officer shall inform the Clerk of the Board ofthe time andlocation
    ofthe hearing at least 40 days in advance of hearing so that public notice of hearing may be
    published. After bearing, the hearing officer shall submit an exhibit list, astatement regarding
    credibility of witnesses, and all actual exhibits to the Board within five days of the hearing. Any
    briefmg 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 July 13, 1996 (120 days
    from March
    15,
    1996); the Board meeting immediately preceding the due date is scheduled for
    June20, 1996.
    If after appropriate consultation with the parties, the parties fail to provide an acceptable
    hearing date or if after an attempt thebearing officer is unable to consult with the parties, the
    hearing officer shall unilaterally set ahearing 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 Environmental
    Protection Agency to file its recommendation for disposition of the petition within 30 days of
    filing ofthe petition.
    2
    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~?/~24~day of
    1?-, oc~-ct- ,
    1996, by a vote of
    70
    Dorothy M. 9~nn,Cleric
    Illinois Polli4J~nControl Board

    Back to top