ILLINOIS POLLUTION CONTROL BOARD
    November 2, 1995
    FREIGHTLINER OF
    )
    CHICAGO, INC.,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 96-28
    )
    (UST Fund)
    )
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by E. Dunham):
    By order of August 3, 1995, pursuant to P.A. 88-690, the
    Board granted Freightliner of Chicago, Inc. (Freightliner) an
    extension of time through November 2, 1995 in which to file an
    appeal of a June 30, 1995 Illinois Environmental Protection
    Agency (Agency) UST final reimbursement determination. On
    October 19, 1995, Freightliner filed a petition for review and
    a request for an open wavier of the statutory decision
    deadline, regarding its facility, located at 776 York Road,
    Elmhurst, DuPage County, Illinois. This matter is accepted
    for hearing.
    The hearing must be scheduled and completed in a timely
    manner, consistent with Board practices. 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.
    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
    2
    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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