ILLINOIS POLLUTION CONTROL BOARD
April 17, 1997
KWP PARTNERSHIP,
Petitioner,
v.
OFFICE OF THE STATE FIRE MARSHAL,
Respondent.
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PCB 97-173
(UST - Eligibility)
ORDER OF THE BOARD (by K.M. Hennessey):
On April 2, 1997, KWP Partnership filed a petition for review of an Office of the State
Fire Marshal (OSFM) final determination regarding eligibility for reimbursement from the
Underground Storage Tank Fund (UST Fund). The OSFM made a final decision in its letter of
March 11, 1997, denying eligibility to receive reimbursement from the UST Fund and stating
the reasons therefor. The final determination concerns KWP Partnership’s
site located at 1510
West Fayette, Effingham
,
Effingham County, Illinois. This matter is accepted for hearing.
The hearing must be scheduled and completed in a timely manner. 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 Board of the time and
location of the hearing at least 30 days in advance of the hearing so that a 21 day 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 5 days
of the hearing.
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.
IT IS SO ORDERED.
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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
______________.
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board