ILLINOIS POLLUTION CONTROL BOARD
    February 3, 1994
    SHELL OIL COMPANY,
    )
    Petitioner,
    )
    v.
    )
    PCB 94-25
    )
    (Water Well Setback Exception)
    COUNTY OF DUPAGE
    AND
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondents.
    ORDER OF THE BOARD (by C. A. Manning):
    Shell Oil Company (Shell) filed a petition seeking a water
    well setback exception pursuant to Section 14.2(c) of the Act and
    35 Ill. Adm. Code 106.601 et seq. on January 13, 1994. On that
    same day Shell also filed a motion to expedite hearing in this
    matter. On February 1, 1994 the County of DuPage (County) and the
    Illinois Environmental Protection Agency (Agency) filed motions
    instanter in opposition to the motion for expedited hearing and a
    request for additional time to file their responses to the
    petition. The Board grants the motions to file instanter.
    The County argues that granting of the motion to expedite
    hearings in this matter would prejudice the citizens of the County
    because service was made upon the County of DuPage, Division of
    Legal Counsel, instead of the County Board or its agent the County
    Clerk, and therefore that service was legally insufficient. The
    County also requests additional time to file its response but does
    not state a date certain as to when it would file. While the
    County has requested the Board to deny this matter due to the
    alleged improper service, the County has filed a general appearance
    in this motion and has not challenged the Board’s jurisdiction in
    the matter pursuant to 35 Ill. Adm. Code 101.243. In its motion,
    the Agency states that Shell was aware of this situation and that
    it has not presented any compelling reason to expedite the matter.
    Also, the Agency requests an additional seven (7) days to file its
    response in this matter. The Board agrees that no compelling
    rationale has been presented for the motion to expedite. It is
    therefore derUed.
    Nonetheless, the matter is accepted for hearing and will be
    assigned to a Hearing Officer immediately. The Board is still
    required to hold a hearing pursuant to 35 Ill. Adm. Code 102.162
    which has specific public notice periods that may not be altered.
    Based upon good cause shown, the Board grants the Agency’s and
    County’s motions for extension to file responses in this matter.
    Responses are now due to be filed on or before February 10, 1994.
    2
    Section 106.603 of the Board’s procedural rules provide that
    within 21 days after the filing of a petition, the Agency and the
    County, the water well owner, shall file a response to any petition
    in which it has not joined as co—petitioner. (35 Ill. Adin. Code
    106.603(a).) The petitioner may then file a reply within 14 days
    of the filing of the responses. (35 Ill. Adm. Code. 106.603 (b).)
    The Agency’s and County’s responses were due on or before February
    3, 1994, thus the extension will require the Agency and the County
    to file on or before February 10, 1994.1 Shell’s reply would be
    due on or before February
    24,
    1994. The assigned Hearing Officer
    shall schedule a hearing at the earliest time in accordance with
    the above dates and 35 Ill. Adm. Code 102.162 and the hearing shall
    proceed expeditiously.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Bofl, hereby cer ify that the above Order was adopted on the
    _____
    day of
    ,
    1994, by a vote of
    ‘7-0
    ~.
    Dorothy ?~4Gunn, Clerk
    Illinois~ollution Control Board
    1
    This date is properly calculated from the date the
    petition was filed with the Board. (35 Ill. Adm. Code
    106.603(a).)

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