ILLINOIS POLLUTION CONTROL BOARD
    August
    8, 1991
    LAWRENCE CADILLAC,
    Petitioner,
    v.
    )
    PCB 91—133
    (Underground Storage
    ILLINOIS ENVIRONMENTAL
    )
    Tank Reimbursement)
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD (by B. Forcade):
    On August
    2,
    1991 Lawrence Cadillac filed a petition for
    review of an Underground Storage Tank Reimbursement
    Determination.
    This matter
    is accepted for hearing.
    Hearing must be scheduled within
    14 days of the date of
    this
    Order and completed within 60 days of the date of this Order.
    The 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, and
    all actual exhibits to the Board within
    5 days of the hearing.
    Any briefing schedule shall provide for final filings as
    expeditiously as possible and
    in no event later than
    70 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
    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.
    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
    possible.
    Within 10 days of accepting this case,
    the Hearing Officer
    shall enter a Hearing Officer Scheduling Order governing
    completion of the record.
    That Order
    shall set a date certain
    for each aspect of
    the case including:
    briefing schedule,
    hearing date(s), completion of discovery
    (if necessary)
    and pre—
    hearing conference
    (if necessary).
    The Hearing Officer
    Scheduling Order may be modified by entry of
    a complete new
    scheduling order conforming
    with
    the time requirements below.
    The hearing officer may extend this schedule only on a
    —2—
    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”
    or
    a waiver
    of
    decision until
    a date certain.
    Because of requirements regarding the publication of notice
    of hearing, no scheduled hearing may be canceled u~less the
    petitioner provides an open waiver or a waiver
    to a da~eat least
    120 days beyond the date of the motion to cancel hearing.
    This
    should allow ample time for the Board to republish notice of
    hearing and receive transcripts from the hearing before the due
    date.
    Any order
    by the hearing officer granting cancellation of
    hearing shall
    include a complete new scheduling order with a new
    hearing date at least
    40 days
    in the future and at least
    30 days
    prior
    to the new due date and the Clerk
    of the Board shall
    be
    promptly informed of the new schedule.
    Because this proceeding
    is the type for which the Illinois
    Environmental Protection Act sets a very short statutory deadline
    for making a decision, absent
    a waiver,
    the Board will grant
    extensions or modifications only
    in unusual circumstances.
    Any
    such motion must set forth an alternative schedule for notice,
    hearing, and final submissions, as well as the deadline for
    decision, including response time to such a motion.
    However,
    no
    such motion shall negate the obligation of the hearing officer
    to
    establish a Scheduling Order pursuant to the requirements of this
    Order, and to adhere to that Order until modified.
    This Order will not appear
    in the Board’s Opinion Volumes.
    IT
    IS SO ORDERED.
    I, Dorothy
    M.
    Gunn, Clerk of the Illinois Pollution Control
    Bo,a~1~hereby cert
    y that
    the above Order was adopted on the
    L~’~
    day of
    ____________________
    ,
    1991, by a vote
    of
    7~
    Dorothy M.
    $4inn, Clerk
    Illinois PoUJlution Control Board

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