ILLINOIS POLLUTION CONTROL BOARD
July 21, 1994
CHRIST EPISCOPAL CHURCH,
)
Petitioner,
)
V.
)
PCB 94—192
)
(UST Fund)
OFFICE OF THE STATE FIRE
)
MARSHAL,
)
Respondent.
ORDER OF THE BOARD:
On July 12, 1994, Christ Episcopal Church (Church) filed a
petition for review of an Office of the State Fire Marshal
(“OSFM”) final reimbursement determination from the Underground
Storage Tank Fund. The Church filed a amendment on July 14, 1994
correcting an error in the caption (which appears correctly
above). The OSFN issued a final reimbursement decision on June 6,
1994, which contains the stated reasons for ineligibility. The
final determination concerns the Church’s site located at 410
Grand Avenue, Waukegan, Lake 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
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
November 11, 1994 (120 days from July 14, 1994); the Board
meeting immediately preceding the due date is scheduled for
November 3, 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. Adm. Code 105.102) reciuire the Agency to file the entire
A~encvrecord 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
Board, hereby cer y ~hat the above order was adopted
on1
the
c~Zday of
_______________
,
1994, by a vote o7t~ ~
(7/
~
/~~-_~‘
~‘6orothyM. $~~nn,Clerk
Illinois P&llLution Control Board