ILLINOIS POLLUTION CONTROL BOARD
December 5, 1996
REGENT INVESTMENT
CORPORATION,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 97-76
(UST - Appeal)
ORDER OF THE BOARD (by C.A. Manning):
On October 17, 1996 the Illinois Environmental Protection Agency (Agency) and
Regent Investment Corporation (petitioner) filed a joint notice of extension of the 35-day
appeal period pursuant to Section 40 of the Environmental Protection Act, relating to the
September 5, 1996 Agency determination. The final determination concerns the petitioners’
site located at 2025 South Morgan, Chicago
,
Cook County, Illinois. On December 4, 1996
the Board received the petitioners’ petition for review. 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
April 3, 1997 (120 days from December 4, 1996); a Board meeting is scheduled on April
3, 1997 which is the decision deadline date.
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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 its review of the Corrective Action Plan and
45-Day Report within 14 days of notice of the petition.
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 ___________, 1996, by a vote of
______________.
___________________________________
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board