ILLINOIS POLLUTION CONTROL BOARD

January 20, 1994

MARATHON OIL COMPANY,

)

Petitioner,

v.

)

PCB 94—27

)

(Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by C. A. Manning):

On January 14, 1994, Marathon Oil Company filed a petition for

permit appeal (PCB 94-26) and a related variance petition (PCB 94-

27) for its petroleum refinery located near the City of Robinson in

Crawford County, Illinois. Each petition was accompanied by an

“application for designation as ‘not subject to disclosure”. This

order does not address the application.

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 Chief Hearing Officer shall assign a hearing

officer 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 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. In this case, the statutory

decision deadline is May 12, 1994; therefore the decision due date

is May 5, 1994.

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

---

2

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

105.102) require the Agency to file the entire Agency record of the

permit application within 14 days of notice 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 certi that the above order was adopted on the

~

day of _________________________

,

1994, by a vote of

7~C.

-v

~~//

~

~_~c

Dorothy N. Gu~in, Clerk

Illinois Po1’~Vution Control Board