ILLINOIS POLLUTION CONTROL BOARD
September 15, 1994
WILLIAM BARTZ,
Petitioner,
v.
)
PCB 94—250
(UST-Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD:
On September 13, 1994, William Bartz filed.a petition for
review of Illinois Environmental Protection Agency (Agency) final
reimbursement determination from the Underground Storage Tank
Fund. The Agency issued a final reimbursement decision on August
9, 1994, accompanied by Attachment A which contains the stated
reasons for deductions. The final determination concerns William
Bartz’s site located at 5002 West Diversey Avenue, 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 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.
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
2
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, here)~ycertify that the above order was adopted on the
____
day of
__________________
,
1994, by a vote of
__________
Dorothy M. G,4~nn, Clerk
Illinois PoJ~ution Control Board