ILLINOIS POLLUTION CONTROL BOARD

October 19, 1995

EARLE ARONSON (DON’S GAS

FOR LESS),

)

Petitioner,

v.

)

PCB 96—59

(liST—Fund)

OFFICE OF THE STATE FIRE

MARSHAL,

Respondent.

ORDER OF THE BOARD: (by G. T. Girard)

On September 14, 1995, Earle Aronson (Aronson) filed a

petition for review of a March 31, 1995 and August 28, 1995

Office of the State Fire Marshal (OSFM) determinations. The

final determinations concern Aronson’s site located in the City

of Geneva, County of Kane, Illinois.

The Board on its own motion strikes that portion of the

appeal which purports to challenge the March 31, 1995 OSFM

decision, on the grounds that any such appeal is time barred.

Section 57.9(c) of the Illinois Environmental Protection Act

allows the Board to hear only appeals filed within 35 days of the

OSFM’s decision. The Board has jurisdiction only to consider the

August 28, 1995 decision.

This matter is accepted for hearing. The hearing must be

scheduled and completed in a timely manner. The Board will

assign a hearing officer to conduct hearings consistent with this

order. The Clerk of the Board shall promptly issue appropriate

directions to that 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 a

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.

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. The hearing officer and the parties are encouraged to

expedite this proceeding as much as possible.

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2

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

B~ard, hereby certif~çtbat the above order was adopted on~the

/l~day

of

________________

,

1995, by a vote,, f

~

Dorothy M.~~unn,Clerk

Illinois/1~ llution Control Board