ILLINOIS POLLUTION CONTROL BOARD
February 15,
1996
ROYER OIL COMPANY, INC;
)
)
Petitioner,
)
)
V.
)
PCB 96-177
)
(LiST
Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD:
On February
13, 1996, Royer Oil
Company, Inc. (Royer) filed apetition for reviewof an
Illinois Environmcntal Protection Agency (Agency) final reimbursement determination from tile
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 Royer’s facility located at 200 South Third Street, Greenville, Bond
County, Illinois.
This matter is accepted for hearing.
The hearing must be scheduled and compicted in a timely manner, consistent withBoard
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 ofthe 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 June
12,
1996 (120 days
from February
13,
1996); the Board meeting immediately preceding the decision deadline is
schcdulcd for June 6, 1996.
If after appropriate consultation with the parties, the parties fail to provide an acceptable
hearing date or ifalter 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
Iii. 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 of the Il1inoj~4~ol1ution
Control Board, hereby certifS’ that the
above order was adopted on the
/5~~’
day of
~
,
1996, by a vote of
7-6
.
Dorothy M. ~$Lnn,Clerk
Illinois Pollthfon Control Board