ILLINOIS POLLUTION CONTROL BOARD
    November 18,
    1993
    TEXACO REFINING
    AND
    )
    MARXETING,
    INC.,
    )
    Petitioner,
    )
    v.
    )
    PCB 93—213
    )
    (Permit Appeal)
    ILLIOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by 3. Theodore Meyer):
    On November 4,
    1993,
    Texaco Refining and Marketing,
    Inc.
    filed a petition for review of the final post-closure Part B
    permit for its Will County facility.
    This matter is accepted for
    hearing.
    This matter concerns closure and post—closure care issues,
    and the parties are particularly directed to Board opinions and
    orders in Browninc~-FerrisIndustries v
    EPA
    (May 5,
    1988), PCB
    84—136,
    aff’d,
    179 Ill. App.
    3d 598,
    534 N.E.2d 616
    (2d Diet.
    1989); Marlev-Incirid (USA),
    Inc.
    V.
    EPA (January 19,
    1989), PCB
    88-17; and Testor Corp.
    V.
    EPA (November 2,
    1989), PCB 88—191,
    for discussions of standards of review and burdens of proof.
    The
    only issues before the Board are whether correct permitting
    procedures were followed and whether the application demonstrates
    that the Environmental Protection Act and Board regulations will
    or will not be violated.
    For each contested condition, the Board expects, and
    strongly encourages the parties to state the applicable
    regulatory law and relevant facts, with appropriate record
    citations,
    which demonstrate that a violation is likely or
    unlikely to occur.
    The parties are urged to focus on RCRA
    Update. USEPA Regulations, R87-39, February 25,
    1988 and June 16,
    1988 and R87—26, December 3,
    1987.
    Hearing must be scheduled within 14 days of the date of this
    order and completed within 60 days of the date of this order.
    The 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,
    and
    all actual exhibits to the Board within
    5 days of the hearing.
    Any
    briefing schedule shall provide for final filings as
    expeditiously as possible and in no event later than 70 days from
    the date of this order.
    2
    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.
    This schedule will
    only provide the Board a very short time period to deliberate and
    reach a decision before the due date.
    The hearing officer and
    the parties are encouraged to expedite this proceeding as much as
    possible.
    Within
    10 days of accepting this case, the hearing officer
    shall enter a hearing officer scheduling order governing
    completion of the record.
    That order shall set a date certain
    for each aspect of the case including:
    briefing schedule,
    hearing date(s), completion of discovery (if necessary)
    and pre—
    hearing conference
    (if necessary).
    The hearing officer
    Scheduling order may be modified by entry of a complete new
    scheduling order conforming with the time requirements below.
    The hearing officer may extend this schedule only on a
    waiver of the decision deadline by the petitioner and only for
    the equivalent or fewer number of days that
    the
    decision deadline
    is waived.
    Such waivers must be provided in writing to the Clerk
    of the Board.
    Any waiver must be an “open waiver” or a waiver of
    decision until
    a date certain.
    Because of requirements regarding the publication of notice
    of hearing, no scheduled hearing may be canceled unless the
    petitioner provides an open waiver or a waiver to a date at least
    120 days beyond the date of the motion to cancel hearing.
    This
    should allow ample time for the Board to republish notice of
    hearing and receive transcripts from the hearing before the due
    date.
    Any
    order by the hearing officer granting cancellation of
    hearing shall include a complete new scheduling order with a new
    hearing date at least 40 days in the future and at least 30 days
    prior to the new due date and the Clerk of the Board shall be
    promptly informed of the new schedule.
    Because this proceeding is the type for which the
    Environmental Protection Act sets a very short statutory deadline
    for making a decision, absent a waiver, the Board will grant
    extensions or modifications only in unusual circumstances.
    Any
    such motion must set forth an alternative schedule for notice,
    hearing, and final submissions, as well as the deadline for
    decision, including response time to such a motion.
    However, no
    such motion shall negate the obligation of the hearing officer to
    establish a scheduling order pursuant to the requirements of this
    order, and to adhere to that order until modified.
    This order will not appear in the Board’s opinion volumes.
    IT IS SO ORDERED.
    3
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Bo rd
    hereby cert3 y that the above order was adopted on the
    _____
    day of
    __________________,
    1993, by a vote of
    5~—~
    Dorothy M.
    ç4nn, Clerk
    Illinois P~LutionControl Board

    Back to top