ILLINOIS POLLUTION CONTROL BOARD
    August 23, 2001
     
    MAHANBIR DHILLON d/b/a EXPRESS
    FOOD AND GAS,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-9
    (UST - Reimbursement)
     
     
    ORDER OF THE BOARD (by R.C. Flemal):
    On July 24, 2001, petitioner, through his consulting firm, filed a petition to appeal the
    Illinois Environmental Protection Agency’s (Agency) June 21, 2001 underground storage tank
    deductibility determination. The determination concerns petitioner’s facility located at 1754
    North Central Avenue, Chicago, Cook County, Illinois.
     
    On August 7, 2001, petitioner Mahanbir Dhillon filed an amended petition, stating that he
    will represent himself in this matter. Dhillon also states that he is the sole owner of Express
    Food and Gas. The Board has previously found that if a petitioner is an unincorporated sole
    proprietorship, petitioner may represent himself. Riverview FS v. Illinois Environmental
    Protection Agency (July 10, 1997), PCB 97-226. The Board accepts the amended petition.
     
    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 101.308. 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 30 days in advance of hearing so that a 21-day 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
    December 5, 2001; a Board meeting is scheduled for November 15, 2001.
     
     
     
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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
    Board notes that Board rules (35 Ill. Adm. Code 105.212) require the Agency to file the entire
    Agency record of the reimbursement application within 30 days after filing 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 23rd day of August 2001 by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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