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