ILLINOIS POLLUTION CONTROL BOARD
May 16, 1996
SHELL OIL COMPANY
(Orland Park Facility),
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 96-226
(UST - Appeal)
ORDER OF THE BOARD (by R.. C. Flemal):
On April 30, 1996, Shell Oil Company. (Shell) filed a petition for review of an Illinois
Environmental Protection Agency (Agency) Site Classification Completion Report final
determination. The Agency issued a final decision on March 29, 1996. The final
determination concerns Shell’s facility located at 14360 South LaGrange Road, Orland Park,
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 August 30, 1996 (120 days from May 2, 1996); the Board meeting immediately preceding
the due date is scheduled for August 15, 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
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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 site classification 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
______________.
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board