ILLINOIS POLLUTION CONTROL BOARD
December 20, 1995
EFFINGHAM TIRE CENTER,
)
Petitioner,
V.
)
PCB 9b—~8
)
(UST Fund)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD:
By order of September 21,
1995, pursuant to P.A.
88—690, the
Board granted Effingham Tire Center (Effingham)
an extension of
time through December 14,
1995
in which
to
file an appeal of a
August 10, 1995 Illinois Environmental Protection Agency (Agency)
UST final reimbursement determination.
On December 15,
1995, the
Board received Effinghain’s petition for review regarding its
facility, located at 1601 west Fayette Avenue,
Effingham,
Effingham County,
Illinois.
This matter is accepted for hearing.
The hearing must be scheduled and completed in a timely
manner,
consistent with Board practices.
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.
Absent any future waivers of the
decision deadline, the statutory decision deadline is now April
13, 1996
(120 days from December 15,
1995); the Board meeting
immediately preceding the due date is scheduled for April 18,
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 contormance 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 Ac~encvrecord
of the reimbursement ap~licptionwithin 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, bereb.
certify that the above order was adopted on
____
day of ___________________
,
1995,
by a vote of
_______
Dorothy
~(7
Gunn,
Clerk
Il1inoi~~ollutionControl Board