ILLINOIS POLLUTION CONTROL BOARD

August 21, 1985

~4’\RATHON PETROLEUfrI OOMP~NY,

)

Petitioner,

v.

)

P03 85—83

ILLINOiS ENVIRONMENTAL

~ROTECT ION AGENCY,

Respondent.

cRDL~ROF

THE

BOARD (by

3.

Anderson):

On August 8, 1985, Marathon Petroleum Company filed an

Amended Petition. This matter is accepted for hearing. Hearing

must be scheduled within 14 days of the date

of this Order and

comLD~Letedwithin 80 days of the date of this Order. The hearing

oi:ficer 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. The hearing

officer may by order set a schedule for submission of briefs.

But such schedule shall provide for final filings as

expeditiously as possible and in no event later than 90 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 art

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

pose ible.

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!i or a waiver of

decision until a date certain. Any waiver shall extend the time

deadline of Section 104,180 regarding filing the Agency

recomenciation by the equivalent number of days, but in any

circumstance the recommendation must be filed at least 10 days

before the hearing.

65-351

---

—2--

Because this proceeding is the type for which the Illinois

Environmental Protection Act sets a very short statutory deadline

fior decisionmaking, absent a waiver, the Board will grant

extensions or modifications only in unusual circumstances. Any

~Llchmotion must set forth an alternative schedule for notice,

hearing, and final submissions, as well as the deadline for

aecision, including response time to such a motion. However, no

such motion shall negate the obligation of the hearing o~ficer to

~3et

a date pursuant to the second paragraph of this Order.

tT IS SO ORDERED

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

Board, hereby certify ~at the above Order was adopted on

the

~‘-~‘~

day of

~

1985,

by a vote

Dorothy M. ~unn, Clerk

—

Illinois Pollution Control Board

65-352