ILLINOIS POLLUTION CONTROL BOARD
    August 11,
    1994
    WAYNE G.
    BUSSE and
    )
    WICKERSHAN
    & ASSOCIATES,
    INC.,
    )
    Petitioner,
    )
    v.
    )
    PCB 94—213
    )
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD:
    On August
    8,
    1994, Wayne
    G. Busse and Wickersham
    &
    Associates,
    Inc.
    (“Busse”),
    filed a petition for review of an
    Illinois Environmental Protection Agency
    (“Agency”)
    final
    reimbursement determination from the Underground Storage Tank
    Fund.
    The Agency issued a final reimbursement decision on July
    5,
    1994, accompanied by attachment A which contains the stated
    reasons for deductions.
    The final determination concerns Busse’s
    site located at 113 Prospect, Mt. Prospect, Cook County,
    Illinois.
    This matter is 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
    Chief Hearing Officer shall assign a hearing officer to conduct
    hearings.
    The Clerk of the Board shall promptly issue
    appropriate directions to the assigned hearing officer consistent
    with this order.
    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
    December
    6,
    1994
    (120 days from August
    8,
    1994); the Board
    meeting immediately preceding the due date is scheduled for
    December
    1,
    1994.
    2
    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
    135 Ill. Adm. Code 105.102) reguire 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, hereby cerj3fy that the above order was adopted op the
    ,/1t2
    day of
    ________________
    ,
    1994, by a vote of
    _______
    ~
    ~..
    ~Dorothy N. ~4nn, Clerk
    Illinois Po~ZutionControl Board

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