ILLINOIS POLLUTION CONTROL BOARD
    October 20,
    1994
    J.
    M. SWEENEY CO.,
    )
    Petitioner,
    )
    v.
    )
    PCB 94—297
    (Variance)
    )
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD:
    On October 19,
    1994,
    3. M. Sweeney Co.,
    (“Sweeney”) filed a
    petition for variance regarding its 24545 W. Miller Road,
    Lake
    Zurich, Lake County, Illinois gasoline dispensing facility. This
    facility is located in the Chicago ozone nonattainment area.
    In paragraph twenty-two
    (22)
    of its petition, Sweeney waives
    hearing. However, as this request could involve an amendment to
    the State Implementation Plan,
    a hearing must be held to satisfy
    federal requirements. Accordingly, 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.
    Athu.
    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
    February 16, 1995
    (120 days from October
    19,
    1994); the Board
    2
    meeting immediately preceding the due date is scheduled for
    February 16,
    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) 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 cer~4fy~thatthe above order was adopted on the~6~
    day of
    ________________________
    ,
    1994,
    by a vote,of
    ~
    Dorothy H.
    Gq~4i,
    Clerk
    Illinois Pol~&tion Control Board

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