ILLINOIS POLLUTION CONTROL BOARD
October
6, 1994
JERRY
GLEASON
I
INC.,
)
)
Petitioner,
)
v.
)
PCB 94—277
(UST Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD:
On October
3,
1994, Jerry Gleason Buick,
Inc.
(“Gleason”)
filed a petition for review of an Illinois Environmental
Protection Agency (“Agency”)
final reimbursement determination
from the Underground Storage Tank Fund. The Agency issued a final
reimbursement decision on September 1,
1994, accompanied by
attachment A which contains the stated reasons for deductions.
The final determination concerns Gleason’s site located at 515
West Lake Street, Oak Park, Cook County,
Illinois.
This matter
is 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 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 hearing, 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 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 is now January
31,
1995
(120 days from October 3,
1994); the Board meeting
immediately preceding the due date is scheduled for January
12,
1995.
2
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.
Adiu.
Code 105.102)
reguire the Agency to file the entire A~encvrecord
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 M. Gunn,
Clerk of the Illinois Pollution Control
~3~ard,hereby cert~,fythat the above order was adopted o~tlie
~
day of
_______________
,
1994,
by a vote o
______
Dorothy N. G~n, Clerk
Illinois PoUution Control Board