ILLINOIS POLLUTION CONTROL BOARD
    January 4,
    1996
    RALEIGH REALTY CORPORATION/
    KEAN
    BROTHERS,
    INC.,
    )
    Petitioner,
    )
    PCB 96-52
    )
    (UST Appeal)
    v.
    ILLINOIS ENVIRONMENTAL
    )
    PCB 96-124
    PROTECTION AGENCY,
    )
    (UST Appeal)
    Respondent.
    ORDER OF THE BOARD
    (by C.A. Manning):
    This matter is before the Board on
    a motion for
    reconsideration filed by Raleigh Realty Corporation (Raleigh) on
    December 22,
    1995.
    Raleigh requests the Board to reconsider the
    dismissal of its UST app~a1, originally docketed in PCB 96-52 and
    captioned as Kean Brothers v.
    IEPA.
    The Board dismissed the
    appeal and closed the docket at its December 20, 1995 meeting
    because no petition was received by December 7,
    1995.’
    Raleigh requests that the Board reconsider dismissal on the
    basis that the petition for review was in fact filed on December
    6,
    1995.
    Review of the filings in this matter indicated that due
    to the incorrect captioning of the December 6th petition for
    review and petitioner’s failure to use the docket number
    (PCB 96-
    52)
    reserved for this appeal, the petition was inadvertently
    docketed as PCB 96—124.
    PCB 96—124 was also dismissed on
    December 20, 1995 as untimely filed.
    The motion for reconsideration is hereby granted.
    PCB 96-52
    is hereby reinstated; however PCB 96-124 remains closed.
    The
    caption is corrected to accurately name the parties in this
    matter and accordingly, this matter is
    hereby
    accepted for
    hearing.
    Additionally, the $75.00 filing fee received on
    December 6,
    1995 in PCB 96-124 will be applied toward docket PCB
    96—52.
    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
    1The
    parties in
    PCB 96—52 had jointly requested a 90-day extension
    period in which to file its petition for review which the Board granted on
    September 21,
    1995.
    The petition was
    therefore due on December
    7,
    1995.
    2
    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
    anc.
    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
    June 28,
    1996 pursuant to a statutory decision deadline waiver
    filed by with the Board on the January
    2,
    1996. The Board meeting
    immediately preceding the due date is scheduled for June 20,
    1996.
    If after appropriate consultation with the parties, the
    parties fail to provide an acceptab1~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 104.180) require the Agency to file its recommendation for
    disposition of the petition within 30 days of filing of the
    petition.
    IT
    IS
    SO ORDERED.
    J.
    Theodore Meyer dissented.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby c
    ify that the above order was adopted on the
    .4~/4 day of
    ~
    ~
    a vo~,1of
    ,,Lti~::i~
    Dorothy N.
    nn,
    Clerk
    Illinois r~JlutionControl Board

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