ILLINOIS POLLUTION CONTROL BOARD
    January
    23, 1986
    MARATHON OIL COMPANY
    (Champaign Terminal),
    Petitioner,
    v.
    )
    PCB 83—29
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD (by B. Forcade):
    On November 21, 1985, the Board rejected the parties
    Stipulation and required filings on future proceedings in this
    case. On December 13, Marathon Oil Company (“Marathon”) filed a
    reply requesting the Board to resolve the issue on the merits and
    reverse the Agency’s imposition of condition
    5(u)
    and (6). The
    Agency filed a Motion to Dismiss urging that the matter is
    moot. Marathon responded on January 21, 1986, that the issue is
    not moot and requested the Board to deny the motion to dismiss.
    The motion to dismiss is denied. The only information
    before the Board is that the permit is in effect and Marathon
    objects to two conditions therein. In this circumstance, the
    case is not moot.
    The Board orders that this matter proceed to hearing on the
    merits and briefing. At hearing, the parties are encouraged to
    address the following matter:
    What equipment at the Marathon facility would
    be affected by condition No.
    5(u)
    and what
    equipment by condition No. 6?
    Following hearing, the Board expects briefs on the Agency’s
    authority to impose the contested conditions.
    Additionally,
    the
    Board orders the parties not to file pleadings jointly captioned
    for this case and PCB 83—26, these cases are not consolidated.
    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,
    written schedule for submission of briefs if any and all actual
    exhibits to the Board within 5 days of the hearing. Any briefing
    67-497
    —2—
    schedule shall provide for final filings as expeditiously as
    possible and 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 heating 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.
    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.
    Because of requirements regarding the publication of notice
    of heating, no scheduled hearing may be cancelled 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
    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
    set a date putsuant to this Order.
    IT IS SO
    ORDERED
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on
    the
    ~A-~f
    day of ~
    ,
    1986, by a vote
    of
    7-c-’
    .
    /7
    /
    )77
    ___
    Dorothy M. G nn, Clerk
    Illinois Pollution Control Board
    67-498

    Back to top