ILLINOIS POLLUTION CONTROL BOARD
    March 20, 1997
    OK SERVICE CENTER,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 97-112
    (UST - Reimbursement)
    ORDER OF THE BOARD (by J. Yi):
    On January 21, 1997 OK Service Center filed an appeal of the Illinois Environmental
    Protection Agency's (Agency) reimbursement decision. OK Service Center filed a limited
    waiver of the statutory decision deadline until December 5, 1997. No hearing has been set in
    this matter.
    On March 17, 1997 the Agency filed a “Motion for Extension of Time to File Agency
    Record”. Pursuant to 35 Ill. Adm. Code 105.102(a)(4), the Agency record is to be filed with
    the Board within 14 days "upon notice of the petition". The Agency states that it received
    notice of the petition on or about February 14, 1997. The record was therefore due to be filed
    on February 21, 1997. The Agency requests a grant of extension to any date not less than 30
    days prior to hearing.
    The Agency claims that no prejudice will attach to OK Service Center if the motion is
    granted because petitioner is already in possession of the majority of the documents which
    would constitute the Agency record. No hearing has yet been set in this matter. According to
    the Agency, the parties believe that litigation may be avoided due to discussions leading to a
    negotiated settlement. The Board has received no response from petitioner.
    The Board hereby grants the Agency until 30 days prior to the scheduled hearing in this
    matter to file the complete Agency record. The hearing officer assigned to this matter shall
    establish the filing date of the Agency record consistent with this order when scheduling a
    hearing.
    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 ___________, 1997, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top