ILLINOIS POLLUTION CONTROL BOARD
    February
    3,
    1994
    TED HORTON CHEVROLET,
    Petitioner,
    V.
    )
    PCB 94—49
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by C.A. Manning):
    On February 1,
    1994, Ted Horton Chevrolet (“Horton”)
    filed a
    petition for review of an Illinois Environmental Protection Agency
    (“Agency”)
    final
    reimbursement
    determination
    to
    access
    the
    Underground Storage Tank Fund. The Agency issued an invoice voucher
    on December 21, 1993 accompanied by Attachment A which contains the
    stated reasons for deductions,
    and the final reimbursement check
    was
    issued
    by
    the
    Comptroller
    thereafter..1
    The
    reimbursement
    determination concerns Horton’s site located at
    129
    East
    147th
    Street,
    Harvey,
    Cook
    County,
    Illinois.
    This
    matter
    is
    hereby
    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 waiver provisions of
    35
    111.
    Adm.
    Code
    101.105.
    The
    Chief
    Hearing
    Officer
    shall
    assign
    a
    hearing officer to conduct hearings.
    The Clerk of the Board shall
    promptly
    issue
    appropriate
    directions
    to
    the
    assigned
    hearing
    officer consistent with this order.
    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 may be published.
    After
    hearing,
    the hearing
    officer
    shall
    submit
    an
    exhibit
    list,
    a
    1The
    Board
    must
    state
    its
    reservations
    about
    the Agency’s
    statement,
    on its invoice voucher, that “for purposes of appeal,
    this voucher constitutes the Agency’s final decision as of the date
    the check was issued by the Comptroller.”
    Given the past history
    of the UST Fund,
    in which there have been long delays in payment
    because
    the
    Fund
    was
    exhausted,
    the
    Board
    is
    concerned
    by
    a
    scenario in which the Agency’s obligation to make a final decision,
    which
    cannot
    be
    amended
    (see
    Illinois
    Environmental
    Protection
    Agency
    v.
    Pollution Control Board
    (November 23,
    1993),
    No.
    5—92—
    0468), is extended while the invoice voucher is awaiting payment by
    the Comptroller.
    ~
    also Guether v.
    IEPA,
    (February 3, 1994) PCB
    93—232.)

    2
    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.
    In this case, pursuant to Section 40(a) (2) of the Act,
    the statutory decision deadline
    is June
    1,
    1994;
    therefore,
    the
    decision due date is May 19,
    1994.
    If
    after
    appropriate
    consultation
    with
    the
    parties,
    the
    parties
    fail to provide an acceptable hearing date
    or
    if
    after
    attempting to do so, the hearing officer is unable to consult with
    the parties, the hearing officer shall unilaterally set a hearing
    date in conformance with the above schedule.
    The hearing officer
    and the parties are encouraged to expedite this proceeding to the
    extent possible.
    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
    Boar
    ,
    hereby cert
    y that the above order was adopted on the
    day of
    ,
    1994,
    by a vote of
    _‘7
    —c~
    /L~
    Dorothy M. Gr~n,
    Clerk
    Illinois PolMition Control Board

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