ILLINOIS POLLUTION CONTROL BOARD
    February 25, 1993
    HEITZLER SERVICES, and
    )
    PEARL HEITZLER,
    )
    )
    Petitioners,
    )
    v.
    )
    PCB 93—30
    )
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by J. Anderson):
    On February 17, 1993, Heitzler Services and Pearl Heitzler
    (petitioners) filed a petition for review of the Illinois
    Environmental Protection Agency’s (Agency) January 14, 1993
    Underground Storage Tank. (UST) Reimbursement Determination. In
    that letter, the Agency determined that petitioner was
    ineligible to seek reimbursement for one of its USTs. The Agency
    also determined that petitioner was eligible to seek corrective
    action costs in excess of $10,000.00 for its remaining three
    USTs.
    The Board finds that the Agency’s decision is final as to
    the UST deemed ineligible for the Fund and that petitioners have
    properly filed a timely appeal of the Agency’s denial of
    eligibility as to that UST.’ The case is ripe for review as to
    the ineligible UST. However, the deductible amount applied to
    the remaining three USTs is not ripe for review. Cheinrex, Inc.
    v. IEPA (September 3, 1992), PCB 92-123; Reichhold Chemicals.
    Inc. v. IEPA (July 9, 1992), PCB 92-98; Village of Lincolnwood v.
    IEPA (June 4, 1992), PCB 91-83; Ideal Heating Co. v. IEPA
    (January 23, 1992), PCB 91—253.
    This matter is accepted for hearing. Hearing must be
    scheduled within 14 days of the date of this order and completed
    within 60 days of the date of this order. The 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, and all actual exhibits to
    the Board within 5 days of the hearing. Any briefing schedule
    ‘Petitioners have the option, of course, of filing a new
    application for this UST to allow the Agency to consider new
    information. Reichhold Chemicals, Inc. v. IPCB (3rd Dist. 1990),
    204 Ill. App. 3d 674, 679—680, 561 N.E.2d 1343.
    2
    shall provide for final filings as expeditiously as possible and
    in no event later than 70 days from the date of this order.
    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. This schedule will
    on,ly provide the Board a very short time period to deliberate and
    reach a decision before the due date. The hearing officer and
    the parties are encouraged to expedite this proceeding as much as
    possible.
    Within 10 days of accepting this case, the Hearing Officer
    shall enter a Hearing Officer Scheduling order governing
    completion of the record. That order shall set a date certain
    for each aspect of the case including: briefing schedule,
    hearing date(s), completion of discovery (if necessary) and pre-
    hearing conference (if necessary). The Hearing Officer
    Scheduling order may be modified by entry of a complete new
    scheduling order conforming with the time requirements below.
    The hearing officer may extend this schedule only on a
    waiver of the decision deadline by the petitioner and only for
    the equivalent or fewer number of days that the decision deadline
    is waived. Such waivers must be provided in writing to the Clerk
    of the Board. Any waiver must be an “open waiver” or a waiver of
    decision until a date certain.
    Because of requirements regarding the publication of notice
    of hearing, no scheduled hearing may be canceled unless the
    petitioner provides an open waiver or a waiver to a date at least
    120 days beyond the date of the motion to cancel hearing. This
    should allow ample time for the Board to republish notice of
    hearing and receive transcripts from the hearing before the due
    date. Any order by the hearing officer granting cancellation of
    hearing shall include a complete new scheduling order with a new
    hearing date at least 40 days in the future and at least 30 days
    prior to the new due date and the Clerk of the Board shall be
    promptly informed of the new schedule.
    Because this proceeding is the type for which the Illinois
    Environmental Protection Act sets a very short statutory deadline
    for making a decision, absent a waiver, the Board will grant
    extensions or modifications only in unusual circumstances. Any
    such motion must set forth an alternative schedule for notice,
    hearing, and final submissions, as well as the deadline for
    decision, including response time to such a motion. However, no
    such motion shall negate the obligation of the hearing officer to
    establish a Scheduling order pursuant to the requirements of this
    order, and to adhere to that order until modified.
    3
    This order will not appear in the Board’s opinion Volumes.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board hereby certi~that the above order was adopted on the
    ~?5~
    day of
    __________________,
    1993, by a vote of
    ~‘
    (1
    ~‘
    ~
    Dorothy H. ,4ünn, Clerk
    Illinois Pó~X1utionControl Board

    Back to top