ILLINOIS POLLUTION CONTROL BOARD

December 14, 1994

MONEE/MONEE AUTO

BODY-WES KOCHEL,

)

Petitioner,

v.

)

PCB 94—372

(UST Fund)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD (by G. T. Girard):

On December 6, 1994, Monee/Monee Auto Body-Wes Kochel

(“Kochel”) filed a petition for review of an Illinois

Environmental Protection Agency (“Agency”) final reimbursement

determination from the Underground Storage Tank Fund. Kochel

filed its proof of service on the Agency on December 13, 1994.

The Agency issued a final reimbursement decision on November 2,

1994, accompanied by attachment A which contains the stated

reasons for deductions. The final determination concerns

Kochel’s site located at 25830 South Governors Highway, Monee,

Will 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 April

12, 1995 (120 days from December 13, 1994); the Board meeting

immediately preceding the decision deadline is scheduled for

March 16, 1995.

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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

~

hereby cer~fythat the above order was adopted op the

/~/

day of

_________________

,

1994, by a vote o~

i~

~Dorothy

M.

Illinois

Control Board