ILLINOIS POLLUTION CONTROL BOARD
    March
    16,
    1995
    TOWN & COUNTRY GAS
    &
    )
    FOOD MART,
    INC.,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 95—97
    (Variance—Air)
    )
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD:
    On March 14,
    1995, Town
    & Country Gas
    & Food Mart,
    Inc.
    (Town
    & Country)
    filed a petition for variance regarding its
    gasoline dispensing facility located at 10007 South Michigan,
    Chicago, Cook County,
    Illinois. This facility is located in the
    Chicago ozone nonattainment area.
    Town and Country has not requested or waived hearing in its
    petition.
    However, hearing must be held as granting of the
    variance could cause a modification of the State Implementation
    Plan for ozone and federal public participation requirements must
    accordingly be met.
    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
    2
    decision deadline, the statutory decision deadline
    is now July
    12,
    1995
    (120 days from March 14,
    1995); the Board meeting
    immediately preceding the due date is scheduled for June 15,
    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.
    Adm.
    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 Control,, ~ç
    Board,
    hereby certify that the above order was adopted on the
    /c~~
    day of
    ____________________________
    ,
    1995, by a vpte of
    7—~~
    Dorothy M.//unn, Clerk
    Illinois P~6llutionControl Board

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