ILLINOIS POLLUTION CONTROL BOARD
January 20, 1994
NORTH SHORE SCHOOL DISTRICT #112
)
)
Petitioner,
v.
)
PCB 94—24
(UST Fund)
OFFICE OF THE ILLINOIS STATE
FIRE MARSHAL,
)
Respondent.
ORDER OF THE BOARD (by C.A. Manning):
On January 12, 1994, the North Shore School District #112
filed a petition for review of an Office of the Illinois State Fire
Marshal (“OSFI’l”) eligibility and deductibility determination to
access the Underground Storage Tank Fund. The OSFN issued a final
determination letter on December 13, 1993 pursuant to 57.9(c) of
the Act and the appeal was brought under Section 57.9(c) (2). (415
ILCS 5/57.9(c)(1993).1) The final determination concerns the
Braeside Elementary School in North Shore School District #112.
This matter is hereby 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 waiver provisions of 35 Ill.
Adm. 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 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. In this case, pursuant to Section 40(a) (2) of the Act,
the statutory decision deadline is May 12, 1994; therefore, the
1P.A. 88—496 became effective on September 13, 1993. P.A.
88-496 substantially amended the Environmental Protection Act
repealing Sections 22.13, 22.18, 22.18b and 22.18c, and adopting
new Title XVI, and specifically, new Section 57.
2
decision due date is May 5, 1994.
If after appropriate consultation with the parties, the
parties fail to provide an acceptable hearing date or if after
attempting to do so, the hearing officer is unable to consult with
the parties, the hearing officer shall unilaterally set a hearing
date in conformance with the above schedule. The hearing officer
and the parties are encouraged to expedite this proceeding to the
extent possible.
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
Board, hereby certi that the above order was adopted on the
~‘i~/—day of _________________________, 1994, by a vote of
Dorothy M.
Illinois
erk
Control Board