ILLINOIS POLLUTION CONTROL BOARD
October
20,
1994
INDIAN REFINING LIMITED
PARTNERSHIP,
Petitioner,
v.
)
PCB 94—287
(Variance)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by M. McFawn):
On October
6,
1994,
Petitioner Indian Refining Limited
Partnership filed a petition for variance regarding
its refinery
in Lawrence County.
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).
A
hearing officer shall be assigned to conduct hearings.
The Clerk
of the Board shall promptly issue appropriate directions to the
assigned hearing officer consistent with this order.
The assigned hearing officer shall inform the Clerk of the
Board as soon as possible of the time and location of the hearing
since
the public notice of hearing
must be published at least
21 days
in advance thereof.
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 February
3,
1995;
the Board meeting immediately
preceding the due date
is
scheduled for January 12,
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
2
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 ce±4fy that the above order was adopted on the
~
day of
(J~7-/~~,
,
1994,
by a vote of
~
~
Dorothy N.
Gu~n,
Clerk
Illinois Pollution Control Board