ILLINOIS POLLUTION
CONTROL BOARD
March
7,
1996
A,F.
MOORE & ASSOCIATES,
)
)
Petitioner,
)
)
v.
)
PCB 96-182
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD:
On February
16,
1996, A.F.
Moore & Associates (Moore) filed a petition for review ofan
Illinois Environmental Protection Agency (Agency) disapproval ofMoore ‘s Leaking
Underground Storage Tank Corrective Action Completion Report.
The Agency disapproved
Moore !s Leaking Underground Storage Tank Corrective Action Completion Report on January
12,
1996.
The final determination concerns Moore’s facility located at 7444 West 90th Street,
Bridgeview, Cook
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 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 of witnesses 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 orbefore the statutory
or deferred decision deadline.
Absent any future
waivers ofthe decision deadline, the statutory decision deadline is now June 15,
1996 (120 days
from February
16,
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
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
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
~Z~?
t-~t~/-’
,
1996, by a vote of
~
,~.
Dorothy M. Gui~C1erk
Illinois Pollutiq~ControlBoard