ILLINOIS
POLLUTION CONTROL BOARD
February
15,
1996
STEVE’S
MOBIL SERVICE,
)
)
Petitioner,
)
)
v.
)
PCB 96-1 76
)
(UST
Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD:
On February 13,
1996, Steve’s Mobil Service (Steve’s) filed a petition for review of an
Illinois Environmental Protection Agency (Agency) final
reinibumsement detenni nation
fuoni
the
Underground Storage Tank Fund.
The Agency issued a final reimbursement decision on January
9,
1996 accompanied by attachment A which contains the stated reasons for deductions.
The
final determination concerns Steve’s facility located at
935
South
Main Street, Jacksonville,
Morgan County, Illinois.
This matter is accepted for hearing.
The hearing must be scheduled and completed in atimely manner, consistent with Board
practices and the applicable statutory decision deadline,
or the decision deadline as extended by a
svaiver (petitioner may file a waiver of the statutory decision deadline pursuant to 35 Ill. Adm.
Code
101.105).
The Boardwill 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 informthe Clerk of the Board of the time and location
of the hearing at least 40 days in advance of hearing so that public noticeof hearingmay 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
eases,
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 June
12,
1996 (120 days
from February
13,
1996); the Board meeting immediately preceding the decision deadline is
scheduled for June 6, 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.
2
The Board notes that Board rules (35
111. Adm. Code
105.102) require the Agency to file the
entire Agency record of the reimbursement application within
14 days of notice of the petition.
This order will not appear in the Board’s opinion volumes.
IT IS
SO ORDERED.
I, Dorothy M. Gunn, Clerk ofthe Illinois Pollution Control Board, hereby certify that the
above order was adopted on the
/~
~day
of
,
1996, by a vote of
7~o
.
f
Clerk
Control Board
Dorothy M.
Illinois