ILLINOIS POLLUTION CONTROL BOARD
    February
    15,
    1996
    EXEL SALES, INC.,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB96-171
    )
    (LJST
    Fund)
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTIONAGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (byE. Dunham):
    On February
    1, 1996, Exel Sales, Inc., (Exel) filed a petition for review of an Illinois
    Environmental Protection Agency (Agency) final reimbursement determinationfrom the
    Underground Storage Tank Fund.
    The Agency issued a final reimbursement decision on
    December 29,
    1995,
    accompanied by attachment A which contains the stated reasons for
    deductions.
    The final determination concerns Exel ‘s facility located at 621
    Tay Street, Rockford,
    Winnebago 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, orthe decision deadline as extended by a
    waiver (petitionermay file a waiver ofthe statutory decision deadline pursuant to 35
    ill. Adm.
    Code
    101.105).
    The Board will assign a hearing officerto conduct hearings consistent with this
    order,
    and theClerk ofthe Board shall promptly issue appropriate directions to that
    assigned
    hearing officer.
    The assigned hearing officer shall
    inform
    theClerk ofthe Board ofthe time and location ofthe
    hearing at least 40 days in advance ofhearing so that public notice ofhearing 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 ofthe 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 orbefore the statutory
    or deferred decision deadline.
    Absent any future waivers
    ofthe decision deadline, the statutory decision deadlineis now May 31,
    1996 (120 days from
    February
    1,
    1996); theBoard meeting immediately preceding the decision deadline is scheduled
    for May 16, 1996.
    Ifafter appropriate consultationwith the parties, the parties fail to
    provide
    an acceptable
    hearing date or if afteran attempt the hearing officer is unable to consult with theparties, the
    hearing officer shall unilaterally set a hearing date in conformancewith the schedule above.
    The
    hearing officer and the parties are encouraged to expeditethis proceeding as much as possible.
    2
    TheBoard notes that Board rules (35
    Ill. Adm. Code 105.102) require the Agency to filethe
    entire Agency record ofthe reimbursement application within
    14 days ofnotice ofthe petition.
    This order will not appear in theBoard’s opinion volumes.
    IT IS
    SO ORDERED.
    I, Dorothy M. Gunn, Clerk ofthe Illinois Pollution Control Board,
    hereby certify that the
    above order was adopted on the
    /ã~t
    day of9
    ~,
    1996, by a vote of
    ~7
    ~°
    .
    ~
    ~.
    Dorothy M.
    G347n,
    Clerk
    Illinois Polluti~A
    Control Board

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