ILLINOIS POLLUTION CONTROL BOARD
    June 1,
    1995
    HARRIS MARCUS GROUP,
    INC.,
    Petitioner,
    )
    V.
    )
    PCB 95—156
    )
    (Variance—Air)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD:
    On May 26,
    1995,
    the Harris Marcus Group,
    Inc. filed a
    petition for variance from 35 Ill.
    Adia. Code 218.2041 regarding
    its facility located at 3757 South Ashland,
    Chicago, Cook 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 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 hearing, 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
    135
    Ill. Adm. Code 218.204 was amended on May 9,
    1995
    (see
    R94—21).
    Since Harris Marcus Group,
    Inc. filed its petition for
    variance from this rule within twenty (20)-days of the effective
    date of this amendment, pursuant to 415 ILCS 5/38(b), the
    effectiveness of the amended portions of this rule,
    as they apply
    to petitioner,
    are stayed pending the disposition of this
    petition.
    Particularly under these circumstances, the parties
    and the hearing officer are directed to conclude this action as
    expeditiously as practicable.
    2
    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
    September 25, 1995
    (120 days from Nay 26,
    1995); the Board
    meeting immediately preceding the due date is scheduled for
    September 21,
    1995.
    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.
    Adin.
    Code 104.180) require the Agency to file its recommendation for
    disposition of the petition within 30 days of filing of the
    petition.
    This order will not appear in the Board’s opinion volumes.
    IT IS SO ORDERED.
    I, Dorothy N.
    Gunn, Clerk of the Illinois Pollution Contro~1,..
    Board, hereby cer
    y that the above order was adopted on the
    /
    day of
    _________________________
    ,
    1995, by a vot
    of
    7~
    ~
    ~,
    Dorothy N.
    9~1nn, Clerk
    Illinois Pc~4utionControl Board

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