ILLINOIS POLLUTION CONTROL BOARD

May 9, 1986

MOBIL OIL CORPORATION,

Petitioner,

v.

)

PCB 86—45

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Respondent.

ORDER OF THE BOARD (by J. Marlin):

This matter comes before the Board upon the March 31, 1986

filing by Mobil Oil Corporation (Mobil) of a~petitionfor

extension of variance from the 3 mg/i ammonia nitrogen effluent

standard of 35 Iii. Adm. Code 304.122. The Board has received

two objections to the petition: one filed April 24, the other

April 30, 1986.

Section 104.141 requires that all objections to variance

petitions be filed within 21 days of the filing of the

petition. Section 104.140(b) requires that the Illinois

Environmental Protection Agency (Agency) publish notice of a

variance petition in a newspaper of general circulation in the

county within 10 days of the petition’s filing. The petition was

filed with the Board on March 31, 1986 and with the Agency on

April 2, 1986. The Agency published the requisite newspaper

notice on the same day of the week for three consecutive weeks,

namely on Friday, April 11, 18, and 25, 1986. The notice itself

stated that written objections must be received by the Board by

April 23, 1986, which was two days before the last notice was

published.

The Board, in computing the 21—day objection period of

Section 104.141, commences counting with the date of filing of

the petition with the Board. The Agency, however, computed the

period starting with April 2, 1986. While technically the

objections were late, the objectors relied on the last published

notice of hearing. While there was no attempt by the State of

Illinois to circumvent the notice requirement, there is some

question as to whether there was proper notice in this case.

Therefore, the Board will accept the objections of the citizens

arid hereby orders this matter to hearing.

This proceeding, which involves an NPDES permit, carries a

120 day Board decision deadline. Already, 39 days of this period

have elapsed.

69.462

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2

Hearing must be scheduled within 10 days of the date of this

Order and completed within 50 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 35 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. The

hearing officer may by order set a schedule for submission of

briefs. Such schedule shall provide for final filings as

expeditiously as possible including a copy to Dr. John Marlin,

104 West University Avenue, Urbana, IL 61801, but in no event

later than 70 days from the date of this Order.

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 arid

reach a decision before the due date. The hearing officer and

the parties are encouraged to expedite this proceeding as much as

possible.

The hearing officer may extend this schedule only on a

waiver of the decision deadline by the petitioner and only for

the equivalent of fewer number of days than 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

75 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 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 Illinois

Environmental Protection Act sets a very short statutory deadline

for decisionmaking, absent a waiver, the Board will grant

extensions or modifications only in unusual circumstances. Any

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,

rio

such motion shall negate the obligation of the hearing officer to

set a date pursuant to the fifth paragraph of this Order.

IT IS SO ORDERED.

69-463

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3

Board Member J. T. Meyer dissented.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the

5~

day of

77~—.-,

,

1986, by a vote

of

___________________

~

Dorothy M. G7unn, Clerk

Illinois Pollution Control Board