ILLINOIS POLLUTION CONTROL BOARD
July 20,
1995
VOGUE TYRE
&
RUBBER
COMPANY,
)
)
Petitioner,
)
V.
)
PCB 96—10
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD:
On July 18,
1995,
Vogue Tyre
& Rubber Company (Vogue Tyre)
filed a petition for review of an
Illinois Environmental
Protection Agency (Agency) disapproval of Vogue Tyre’s Leaking
Underground Storage Tank Site Classification Completion Report,
20-day Report, 45—day Report, Corrective Action Plan, Corrective
Action Completion Plan, and Site Classification Work Plan and
Budget.
The Agency disapproved Vogue Tyre’s Reports and Plans on
June 15,
1995.
The final determination concerns Vogue Tyre’s
site located at 4801 W. Golf Road,
Skokie, 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 of the statutory
decision deadline pursuant to 35 Iii. 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.
2
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.
The Board notes that Board rules
(35 Ill. Adm.
Code 105.102)
require the Agency to file the entire Agency record
inthis matter within 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
Bo~jd,
hereby
certi
that
the
above
order
was
adopted
on
the
~
day of
_________________
,
1995,
by
a
vote
of
Illinois
Control Board