ILLINOIS POLLUTION CONTROL BOARD
    June 20, 1996
    MARTIN & BAYLEY, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 96-252
    (UST - Reimbursement)
    ORDER OF THE BOARD (by C.A. Manning):
    On June 10, 1996 Martin & Bayley, Inc. (Martin & Bayley) 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 May 3, 1996, accompanied by Attachment A which contains the stated reasons for
    deductions. The final determination concerns Martin & Bayley’s
     
    site located at 402 East
    Calumet, Centralia, Marion County, Illinois. This matter is accepted for hearing.
    On June 18, 1996 the Agency filed a motion for an extension of time to file Agency
    Record. The Agency requests the Board to grant an extension of the 14-day period for filing
    the Agency Record to any other date not less than 30 days from the date of the scheduled
    public hearing, if a hearing is scheduled.
    The Agency states that no prejudice will result in granting the extension, as the
    petitioner is already in possession of the majority of documents which would constitute the
    Agency Record. No hearing has been scheduled.
    The Board grants the Agency’s motion for an extension of time. The Agency Record is
    now due 30 days prior to the date of a scheduled hearing in this matter. The hearing officer
    assigned to this matter when scheduling a hearing, in the same order, shall also establish the
    filing date of the Agency Record consistent with this order.
    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
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    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 October 8, 1996 (120 days from June 10, 1996); the Board meeting immediately
    preceding the decision deadline is scheduled for October 3, 1996.
    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.
    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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