ILLINOIS POLLUTION CONTROL BOARD

January 6,

1994

RTC INDUSTRIES,

INC.,

)

Petitioner,

)

V.

)

PCB 93—28

(UST Fund)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD

(by E.

Dunham):

This appeal was originally filed on February 10,

1993.

The

petitioner has previously noted that the registration of the tank

is at issue in this appeal.

The petitioner has filed a complaint

in Cook County Circuit Court for review of the Office Of State

Fire Marshal’s decision on registration and

is awaiting a

judgment before proceeding before the Board.

The Board notes that the petitioner has extended the

decision deadline in this matter until August 4,

1994.

If this

case is not dismissed or otherwise resolved by April

6,

1994,

and

a hearing is required, an additional waiver of the statutory

decision deadline should be filed.

The Board requires a minimum

of 120 days in which to schedule hearing, give public notice,

establish a briefing schedule, receive and review the transcript

and fully deliberate on the matter.

The Board notes that this

time frame presents a tight schedule for completion of all

matters before the Board and only provides the Board a short

period to deliberate on the matter.

Therefore,

whenever possible

additional time should be allowed.

Under the present time

constraints imposed by the statutory deadline, the hearing

officer, before April, must set a date for the hearing.

The parties are directed to file a status report with the

Board on or before March 21,

1994.

IT IS SO ORDERED.

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify tha~ he above order was adopted on the

____________day of

,

1994, by a vote of

7—o

.

7/

7/

7

//~

I

4

~!

~

Dorothy M. ~‘nn, Clerk

Illinois Pol’lution Control Board