ILLINOIS POLLUTION CONTROL BOARD
    April
    6,
    1995
    KEAN
    BROTHERS,
    )
    Petitioner,
    )
    v.
    )
    PCB 95—117
    )
    (Variance—Air)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD:
    On March 31,
    1995, Kean Brothers filed a petition for
    variance regarding ten of its gasoline dispensing facilities
    located in Cook County,
    Illinois. These facilities are located in
    the Chicago ozone nonattainment area.
    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
    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
    29, 1995
    (120 days from March 31,
    1995); the Board meeting
    immediately preceding the due date is scheduled for July 20,
    1995.
    If after appropriate consultation with the parties, the
    parties fail to provide an acceptable hearing date or if after an
    2
    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) reauire 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 M. Gunn,
    Clerk of the Illinois Pollution ControL-
    Board, hereby certif
    that the above order was adopted on the ~
    day of
    __________________________
    ,
    1995, by a vote of
    7~
    Dorothy !~4Gunn,Clerk
    Illinois~ollutionControl Board

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