ILLINOIS POLLUTION CONTROL BOARD
    January 11, 1995
    COMERICA
    BANK—ILLINOIS,
    )
    Petitioner,
    )
    v.
    )
    PCB 95—11
    )
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD:
    On January 9, 1995, Conierica Bank-Illinois (Comerica) 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 December 16, 1994, accompanied by
    attachment A which contains the stated reasons for deductions.
    The final determination concerns Comerica’s site located at 7924
    N. Lincoln Avenue, Skokie, 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 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 May 9,
    1995 (120 days from January 9, 1995); the Board meeting
    immediately preceding the decision deadline is scheduled for
    April 20, 1995.
    If after appropriate consultation with the parties, the
    2
    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 N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby ce,r-t~ifythat the above order was adopted on the
    //~
    day of
    ,
    1995, by a vote,qf ~
    Control Board

    Back to top