ILLINOIS POLLUTION CONTROL BOARD

November 3, 1994

SPRAYLAT CORPORATION,

)

Petitioner,

)

PCB 94—312

)

(UST Fund)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,       

)

Respondent.

ORDER OF THE BOARD:

On October 31, 1994, Spraylat Corporation, filed a petition

for review of an Illinois Environmental Protection Agency

(“Agency”) final reimbursement determination from the Underground

Storage Tank Fund. The Agency issued a final reimbursement

decision on October 18, 1994, accompanied by attachment A which

contains the stated reasons for deductions. The final

determination concerns Spraylat Corporation’s site located at

1701 E. 122nd Street, Chicago, 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. Adm. Code 101.105). The

Board will assign a hearing officer to conduct hearings

consistent with this order, and the Clerk of the Board shall

promptly issue appropriate directions to that assigned hearing

officer.

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

February 28, 1995 (120 days from October 31, 1994); the Board

meeting immediately preceding the due date is scheduled for

February 16, 1995.

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. Adm.

Code 105.102) require the 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 M. Gunn, Clerk of the Illinois Pollution Control

Boarç~, hereby certify that the above order was adopted on the

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of

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1994, by a vote of~

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~Dorothy N. ~hn, Clerk

Illinois Pd~lAutionControl Board