ILLINOIS POLLUTION CONTROL BOARD
February
15, 1996
ALEXANDER/FRANKLIN COMMUNITY
)
UNIT SCHOOL DISTRICT #1,
)
)
Petitioner,
)
)
v.
)
PCB 96-178
)
(LIST Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD:
On February 13, 1996, the Alexander/Franklin Community Unit School District #1
(District) filed apetition 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 January 12, 1996 accompanied by attachment A which
contains the stated reasons for deductions. The final determination concerns the District’s
facility located at Washington Avenue, Franklin, Morgan 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 ofthe time and location
of the hearing at least 40 days in advance of hearing so that public notice ofhearing 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
briefmg schedule shall provide for final filings as expeditiously as possible and, in time-limited
cases, no later than30 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 ffiture
waivers of the decision deadline, the statutory decision deadline is nowJune 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
2
hearing officer shall unilaterally set ahearing 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 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 /ñ~day of
Lttta.tar
,
1996, by a vote of
7~°
.
Dorothy t4/,~unn,Clerk
Illinois PoWution Control Board