ILLINOIS POLLUTION CONTROL BOARD
    November 16, 1995
    KATHE'S AUTO
    )
    SERVICE CENTER,
       
    )
      
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 96-102
    )
    (UST-Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD:
    On November 9, 1995, Kathe's Auto Service Center
    (Kathe's) 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 October 5,
    1995, accompanied by attachment A which contains the stated
    reasons for deductions. The final determination concerns
    Kathe's facility located at 835 Milwaukee Avenue, Glenview,
    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 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 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 March 9, 1996 (120 days
    from November 9, 1995); the Board meeting immediately
    preceding the decision deadline is scheduled for March 7,
    1996.
    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. 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 M. Gunn, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above order was adopted
    on the
    day of , 1995, by a vote of
    .
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control
    Board

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