ILLINOIS POLLUTION CONTROL BOARD
    March
    7,
    1996
    BUTTERICK COMPANY,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB96-141
    )
    (UST Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD:
    On December 27,
    1995, the Illinois Environmental Protection Agency
    (Agency) and the
    Butterick Company (Butterick) filed a notice ofextension ofthe 35-day
    appeal period pursuant
    to Section 40 ofthe Environmental Protection Act, relating to a November
    10,
    1996
    Agency
    decision.
    On February 20,
    1996, the Board received Butterick’s petition for review regarding its
    facility located at 5400 West 35th Street, Chicago, Cook County, Illinois.
    The petition was
    postmarked February
    14,
    1996, the last
    day for filing as established in the Board’s order of
    January 4,
    1996.
    On March 7,
    1996, Butterick filed an open wavier ofthe decision deadline date.
    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 before the statutory
    or deferred decision deadline.
    Ifafter 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.
    IT IS SO
    ORDERED.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
    above order was adopted on the
    7rZ-~
    day of
    ,~)
    ~
    ,
    1996, by a vote of
    7—0
    Illinois
    Control Board

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