ILLINOIS POLLUTION CONTROL BOARD
March
9,
1995
KALO GASOLINE COMPANY,
)
Petitioner,
v.
)
PCB 95—41
(UST—Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
KALO GASOLINE COMPANY,
Petitioner,
V.
)
PCB 95—74
(UST-Fund)
ILLINOIS ENVIRONMENTAL
)
(Consolidated)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD:
On March
3,
1995,
Kalo Gasoline Company
(Kalo)
filed a
petition for review of an Illinois Environmental Protection
Agency
(Agency)
final reimbursement determination from the
Underground Storage Tank Fund.
The Agency disapproved Kalo’s
application for reimbursement on January 27,
1995.
The final
determination concerns Kalo’s facility located at 1490 East
Oakton Street, Des Plaines, Cook County,
Illinois.
This matter
is accepted for hearing.
Kalo’s had previously filed another UST case,
PCB 95-41.
PCB
95-41
is presently scheduled for decision on the Board’s June 15,
1995 meeting as is this case (see below).
The Board accordingly
consolidates the two cases for hearing.
The Board makes no
finding as to whether these cases will
be consolidated for
purposes of final decision.
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
2
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 in PCB 95-74
is now July
1,
1995
(120 days from March 3,
1995); the Board
meeting immediately preceding the decision deadline is scheduled
for June 15,
1995.
On March
2,
1995, Kalo’s filed a wavier of
the decision deadline date in PCB 95-41 to June 16,
1995;
the
Board meeting immediately preceding the decision deadline is
scheduled for June 15,
1995.
Accordingly, the Board would intend
to decide both cases at its June 15,
1995 meeting, absent
waivers.
If after appropriate consultation with the parties, the
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
~
hereby certify that the above order was adopted on th~
/
day of
___________________
,
1995,
by a vote
________
Dorothy M.,4(inn, Clerk
Illinois Pb~flutionControl Board