ILLINOIS POLLUTION CONTROL BOARD
February
1,
1996
BORG WARNER AUTOMOTIVE
)
AUTOMATIC TRANSMISSION SYSTEM
)
CORPORATION,
)
)
Petitioner,
)
)
v.
)
PCB96-165
)
(UST
-
Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF
THE
BOARD:
On January 29,
1996, Borg Warner Automotive Automatic Transmission Systems
Corporation (Borg Warner) filed a petition forreview ofan illinois Environmental Protection
Agency (Agency) determination concerning Borg Warner’s Site Classification Work Plan.
The
Agency issued
its final determination on December 21,
1995.
The final determination concerns
Borg Warner’s sitelocated at 700
South 25th Avenue, Bellwood, 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 ofthe 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 ofthe Board shall promptly issue appropriate directions to that assigned
hearing officer.
The assigned hearing officer shall
inform
the Clerk ofthe Board ofthe time and location
ofthe hearing at least 40 days in advance ofhearing so that public notice ofhearing may be
published.
After hearing, the hearing officer shall submit an exhibit list, a statement
regarding
credibility ofwitnesses and all actual exhibits to the Board within five days ofthe 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 beforethe statutory
or deferred decision deadline.
Absent any friture
waivers ofthe decision deadline, the statutory decision deadline is now May 28,
1996 (120 days
afterJanuary 29,
1996); the Board meeting immediately preceding the due date is scheduled for
May 16,
1996.
2
Ifafter appropriate consultation with the parties, theparties fail to provide an acceptable
hearing date or if after an attempt the hearing officer is unable to
consult with the parties, the
hearingofficer shall unilaterally set a hearing date in conformancewith the schedule above.
The
hearingofficer and the parties are encouraged to expedite this proceeding as much
as possible.
The
Board
notes that Board rules
(35.111. Adm.
Code 105.102) require the Agency to filethe
entire Agency record in this matter
within
14 days ofnotice ç~the
petition.
This order will not appear in the Board’s opinion volumes.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk ofthe Illinois Po
tionControl Board,
hereby
certify
that the
above order was adoptedon the
/~
day of
_~
~.
1996,
by a vote of
~
I
Dorothy M.,4tinn, Clerk
Illinois Poll&ion Control Board