ILLINOIS POLLUTION CONTROL BOARD
December 7,
1995
PETE GEORGES
)
CHEVROLET,
INC.,
)
Petitioner,
)
v
)
PCB 96—114
(UST Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
PETE GEORGES
)
CHEVROLET,
INC.,
)
Petitioner,
v.
)
PCB 96—115
)
(UST Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
PETE GEORGES
)
CHEVROLET,
INC.,
)
)
Petitioner,
)
V.
)
PCB 96—116
)
(UST Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
(Consolidated)
)
Respondent.
ORDER OF THE BOARD:
On Novenber 29,
1995, Pete Georges Chevrolet,
Inc.,
(Pete
Georges Chevrolet)
filed three petitions for review of three
Illinois Environmental Protection Agency (Agency)
final
reimbursement determinations from the Underground Storage Tank
Fund.
The Agency issued a final reimbursement decision for each
on October 25,
1995 accompanied by attachment A which contains
the stated reasons for deductions. The final determinations
concern Pete Georges Chevrolet’s site located at 9440 South
Cicero, Oaklawn, Cook County,
Illinois. As the petitions for
review involve the same site,
the Board on its own motion
consolidates these cases in the interest of administration
2
economy.
These matters are 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 Board will assign a hearing officer
to conduct hearings consistent with this order,
and the Clerk of
the Board shall promptly issue appropriate directions to that
assigned hearing officer.
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.
Absent any future waivers of the
decision deadline, the statutory decision deadline is now March
28,
1996 (120 days from November 29,
1995);
the Board meeting
immediately preceding the due date is scheduled for March 21,
1996.
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.
The hearing officer
and the parties are encouraged to expedite this proceeding as
much as possible.
The Board notes that Board rules
(35 Iii.
Adm.
Code 105.102)
reauire the Agency to file the entire Agency record
of the reimbursement 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 N. Gunn,
Clerk of the Illinois Pollution Control
Board, hereb~certify that the above order was adopted on the
7~
day of
_________________
,
1995,
by a vote of
_________
/~
Dorothy
N4
Gunn, Clerk
Illinois (pollution Control Board