ILLiNOIS POLLUTION
    CONTROL BOARD
    April
    18,
    1996
    ILLINOIS STATE TOLL HIGHWAY
    )
    AUTHORITY,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB96-215
    )
    (UST Fund Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD
    (by G.T.
    Girard):
    On April
    10,
    1996,
    the Illinois State Toll
    Highway Authority (Authority) 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
    March 7,
    1996,
    accompanied by
    attachment A which contains
    the
    stated
    reasons for deductions.
    The fmal determination concerns the Authority’s facilities
    located at
    2001
    and 2005 West 22nd Street,
    Oak
    Brook,
    DuPage 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 August 8,
    1996
    (120 days from April
    10,
    1996); the Board
    meeting immediately
    preceding
    the decision deadline
    is
    scheduled for August
    1,
    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
    2
    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 ofthe reimbursement apDlication
    within 14
    days of notice of the petition.
    IT IS SO
    ORDERED.
    I, Dorothy M.
    Gunn, Clerk of the Illinois
    Pollution Control Board,
    hereby certify
    that
    the above order was adopted on the/f~t
    day of
    ,
    1996,
    by
    a vote of
    Dorothy M.
    qi~’Øn,Clerk
    Illinois Pollut~’n
    Control Board

    Back to top