ILLINOIS POLLUTION CONTROL BOARD
September 7, 1995
SHELL OIL COMPANY,
)
)
Petitioner,
)
)
v.
) PCB 96-48
) (UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD:
On August 24, 1995, Shell Oil Company (Shell) filed a
petition for review of an Illinois Environmental Protection
Agency (Agency) disapproval of Shell's Leaking Underground
Storage Tank Corrective Action Completion Report. The Agency
disapproved Shell's Leaking Underground Storage Tank
Corrective Action Completion Report on July 20, 1995. The
final determination concerns Shell's facility located at 9560
West 159th Street, Orland Park, 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 December 22, 1995 (120
days from August 24, 1995); the Board meeting immediately
preceding the due date is scheduled for December 21, 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 Site Classification and
Completion Plan 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 certify that the above order was adopted
on the
day of
, 1995, by a vote of
.
Dorothy M. Gunn, Clerk
Illinois Pollution Control
Board