ILLiNOIS POLLUTION CONTROL BOARD
March 7,
1996
OSCAR MAYER FOODS
)
CORPORATION/KRAFT FOODS, INC.,
)
(1241 North Sedgewick Street, LUST incident
)
#940514),
)
)
Petitioner,
)
)
)
PCB 96-162
)
(UST
-
Appeal)
ILLiNOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD (by J.
Yi):
This matter comes before the Board on a February 22,
1996 amended petition filed by
OscarMayer Foods CorporationlKraft Foods, Inc.
The amended petition cures the defects found
by the Board as explained in its February
1,
1996 order.
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
111.
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 ofthe Board ofthe
time and location
ofthe hearing at least 40 days in advance ofhearing so that public notice ofhearing maybe
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.
Absent any future
waivers ofthe decision deadline, the statutory decision deadline is now June 21,
1996 (120 days
from February 22,
1996); the Board meeting immediately preceding the due date is scheduled for
June 20,
1996.
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
2
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 in this matter within
14 days ofnotice ofthe petition.
IT IS SO ORDERED.
I, Dorothy M.
Gunn, Clerk ofthe Illinois Pollution Control Board,
hereby certify that the
above order was adopted on the
7~
day of
~~-i--~4-’
,
1996, by a vote of
7—U
.
/7
~
)~
Dorothy M.
~nn,
Clerk
Illinois Poll~fonControl Board