ILLINOIS POLLUTION CONTROL BOARI)
    January 21, 1993
    LEGG AND SONS OIL
    )
    COMPANY, INC.
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 92—214
    )
    (Underground Storage
    ILLINOIS ENVIRONMENTAL
    )
    Tank
    Reimbursement)
    PROTECTION
    AGENCY,
    )
    )
    Respondent.
    ORDER
    OF THE BOARD (by J. Theodore Meyer):
    On January 15, 1993, petitioner Legg and Sons Oil Company
    filed its amended 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 thérBoard of the time and
    lQcation of the hearing at least
    40 days inadvance of hearing so
    that public notice of hearing may be published. After bearing, 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 bearing 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 Waiver
    0138-0517

    2
    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 unless the petitioner
    provides an open waiver or a waiver to a date at least 120 days
    beyond th. date of the motion to cancel hearing. This should allow
    ample time
    f
    or 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 pew 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 H. Gunn, Clerk of the Illinois Pollution Control
    ~oard, hereby cer y that the above order was adopted on the
    c~~(/”~
    day of
    — ‘1~4.41
    ,
    1992, by a vote of ~
    ~
    orothy H. 9~1/in, Clerk
    Illinois PoQXution Control Board
    0138_OS 18

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