4,
    i_,.~
    ILLINOIS POLLUTION CONTROL BOARD
    December 6, 1991
    LYONS/PAULINA KERPEC TRUST #103,
    )
    (Cy Kerpec and Lucille Taylor),
    )
    )
    Petitioners,
    v.
    )
    PCB 91—232
    )
    (Underground Storage
    ILLINOIS ENVIRONMENTAL
    )
    Tank Reimbursement)
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by B. Forcade):
    On. November 25, 1991, Lyons/Paulina Kerpec Trust #103 (Cy
    Kerpec and Lucille Taylor), 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.
    2
    Tb~hearing officer may extend this schedule only on a
    waiver of the~decision deadline by the petitioner and only for
    the equivaieth’ or fewer number of days that the decision deadline
    is waived. S~ichwaivers must be provided in writing to the Clerk
    of the B~ard~.Any waiver must be an “open waiver” or a waiver of
    decision unt11~’a date certain.
    Béd~~é:o~requirements regarding the publication of notice
    of hearing,:. nb~:scheduledhearing may be canceled unless the
    petitibne’p~vides an open waiver or a waiver to a date at least
    120 days:bé!Ond the date of the motion to cancel hearing. This
    should aflow”ample time for the Board to republish notice of
    hearing’ and~k~eceivetranscripts from the hearing before the due
    date. Any’ordèr by the hearing officer granting cancellation of
    hearing~shall includ,e a complete new scheduling order with a
    new
    hearing daté~at least 40 days in the future and at least 30 days
    prior to•the ~ew ‘due date and the Clerk of the Board shall be
    prompt2~yinfo~ii’edof the new schedule.
    Because this proceeding is the type for which the Illinois
    Environmental ‘Protection Act sets a very short statutory deadline
    for making•~~~dedision, absent a waiver, the Board will grant
    extensions’ ~r’~odjfications only in unusual circumstances. Any
    such ~notic~ni~u~t
    set
    forth an alternative schedule for notice,
    ~
    as well as the deadline for
    decision,’ ~ii Eiid’ik~g response time to such a motion. However, no
    such ~tidn” shall negate the obligation of the hearing officer to
    estab’ii~sha
    ‘~
    S~èduling Order pursuant to the requirements of
    this
    Order, and
    to
    a~hereto that Order until modified.
    This
    :Ord~”wjj1not appear in the Board’s Opinion Volumes.
    IP i~SO ÔkDERED.
    I, Dorothy M.~dunn, Clerk of the Illinois Pollution Control
    B9arc~,ithe•reby‘Oe’r ify that th above Order was adopted on ~he
    ~
    day of
    ~,
    ,
    1991, by a vote of /~
    o~L~c
    Dorothy M. /~inn,
    ~‘
    Clerk
    (L~
    Illinois Pó-llution Control Board

    Back to top