ILLINOIS POLLUTION CONTROL BOARD
    June 23, 1994
    EMRO MARKETING COMPANY,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—168
    (UST-Fund)
    OFFICE OF THE STATE FIRE
    )
    MARSHAL,
    )
    Respondent.
    ORDER OF THE BOARD (by E. Dunham):
    On June 2, 1994, Eniro Marketing Company filed a petition for
    review of an Office of the State Fire Marshal (OSFN) final
    deductibility determination from the Underground Storage Tank
    Fund. The QSFM issued a final decision as to eligibility and
    deductibility on April 26, 1994. The final determination
    concerns Emro Marketing Company’s Speedway Store site located at
    3040 West 95th Street, Evergreen Park, Cook 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, or the decision deadline as extended
    by a waiver (petitioner may file a waiver of the statutory
    decision deadline pursuant to 35 Ill. Athu. Code 101.105). The
    Chief Hearing Officer shall assign a hearing officer to conduct
    hearings. The Clerk of the Board shall promptly issue
    appropriate directions to the assigned hearing officer consistent
    with this order.
    The assigned 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, a statement regarding credibility of witnesses and
    all actual exhibits to the Board within five days of the 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 or before the statutory
    or deferred decision deadline. Absent any future waivers of the
    decision deadline, the statutory decision deadline is now
    September 30, 1994 (120 days from June 2, 1994); the Board
    meeting immediately preceding the due date is scheduled for
    September 15, 1994.
    2
    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. The hearing
    officer and the parties are encouraged to expedite this
    proceeding as much as possible. The Board notes that Board rules
    (35 Ill. Adni. Code 105.102) rec~uirethe Agency to file the entire
    Agency record of the reimbursement application within 14 days of
    notice of the petition.
    This order will not appear in the Board’s opinion volumes.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Bo r~,hereby tify that the above order was adopted on the
    ~‘~day of
    ____________
    ,
    1994, by a vote of
    __________
    Dorothy H.
    Illinois
    Control Board

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