ILLINOIS POLLUTION CONTROL BOARD
    December 5, 1996
    SHELL OIL COMPANY
    (Darien, Illinois WIC 212-1990-0202),
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 97-96
    (UST - Appeal)
    ORDER OF THE BOARD (by C.A. Manning):
    On November 26, 1996 Shell Oil Company (Shell) filed a petition for review of an
    Illinois Environmental Protection Agency (Agency) final determination which rejected Shell’s
    Corrective Action Plan. The Agency issued a final decision on October 22, 1996. The final
    determination concerns Shell’s
     
    site located at 8975 South Lemont Road, Darien
    ,
    DuPage
    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 26, 1997 (120 days from November 26, 1996); the Board meeting immediately
    preceding the decision deadline is scheduled for March 20, 1997.
    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
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    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 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

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