ILLINOIS POLLUTION CONTROL BOARD

October 5, 1995

FRUIT BELT SERVICE

)

CONPANY

(Anna

Facility),

)

)

Petitioner,

)

v.

)

PCB 96-70

)

(UST Fund)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD (1L Yi):

On September 25, 1995, Fruit Belt Service Company 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 August 22, 1995 accompanied by

attachment A which contains the stated reasons for deductions.

The final determination concerns Fruit Belt Service Company’s

site located at 307 E. Davie, Anna, Union 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 January

23, 1996 (120

clays from September

25,

1995);

the Board meeting

inunediately preceding the due date is scheduled for December 21,

1995.

---

2

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 the reimbursorncnt application

within 14 days of notice of the

Tetition.

This order will not appear in the Board’s opinion volumes.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify h t the above order was adopted on. the

~ day of

~

,

1995, by a vote of

7~’

I

Control Board