ILLINOIS POLLUTION CONTROL BOARD
July 20,
1995
OWENS OIL COMPANY,
Petitioner,
V.
)
PCB 96-9
)
(UST Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD:
On July 18,
1995,
Owens Oil Company
(Owens)
filed a petition
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 June 13,
1995 accompanied by attachment A which
contains the stated reasons for deductions. The final
determination concerns Owens’s site located at 401 North Main,
Greenfield,
Greene 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 of the time and location of the hearing at least 40 days in
advance of hearing so that public notice of hearing 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 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 of the
decision deadline, the statutory decision deadline is now
November 15,
1995
(120 days from July 18,
1995);
the Board
meeting immediately preceding the due date is scheduled for
November
2,
1995.
If after appropriate consultation with the parties, the
2
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.
The Board notes that Board rules
(35 Ill.
Adm.
Code 1O5.102~require the Agency to file the entire Agency record
of the reimbursement a~licationwithin 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 of the Illinois Pollution Control
Board, hereby certif~that the above order was adopted on the
~~~day
of
_________________
,
1995,
by a vote of
~
‘2
A--
/
~
1
7/k:
Dorothy M.Aünn,
Clerk
Illinois Vo3~lutionControl Board