ILLINOIS POLLUTION CONTROL BOARD
    December 14, 1994
    THE BRANIGAR ORGANIZATION
    )
    (EAGLE RIDGE
    INN &
    RESORT),
    )
    Petitioner,
    )
    v.
    )
    PCB 94—374
    )
    (UST Fund)
    ILLINOIS ENVIRONNENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by R. C. Flemal):
    On December 7, 1994, The Branigar Organization (Eagle Ridge
    Inn & Resort) (“Petitioner”) 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
    November 7, 1994, accompanied by attachment A which contains the
    stated reasons for deductions. The final determination concerns
    the Petitioner’s site located at 380 Territory Drive, Galena,
    JoDaviess 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
    6, 1995 (120 days from December 7, 1994); the Board meeting
    immediately preceding the decision deadline is scheduled for
    March 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 A~encyto 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 N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby cer~ifythat the above order was adopted o~the
    /~I~
    day of
    ________________
    ~.,
    1994, by a vote~of i~’
    (J~~~1
    ~
    Dorothy
    M//Gunn, Clerk
    Illinois ~ol1ution Control Board

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