iLLINOIS POLLUTION CONTROL BOARD
March 7,
1996
OSCAR
MAYER
FOODS
)
CORPORATION/KRAFT FOODS, INC.,
)
(427
West Scott Street,
LUST
incident
)
#9405
16).,
)
)
Petitioner,
)
)
v.
)
PCB 96-166
)
(UST
*
Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE
BOARD
(byJ.
Yi):
This matter comes before the Board on a February 22,
1996 amended petition filed by
Oscar Mayer Foods CorporationfKraft 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
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.
Absent any future
waivers ofthe decision deadline, the statutory
decision deadline is nowJune 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
III. Adm.
Code l05.102~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 certif~,’that the
above order was adopted on the
7~-’
day of
-ic~..-t~cI-J
,
1996, by a vote of
7-c)
~7~JY
Dorothy M.
Illinois
Control Board