ILLINOIS POLLUTION CONTROL BOARD
    February 9,
    1995
    KATHE’S AUTO
    )
    SERVICE CENTER,
    )
    )
    Petitioner,
    )
    V.
    )
    PCB 95—43
    (UST—Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    KATHE’S AUTO
    )
    SERVICE CENTER,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 95—48
    )
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    (Consolidated)
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD:
    On February 7,
    1995, Kathe’s Auto Service Center
    (Kathe’s)
    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 January 5,
    1995, accompanied by
    attachment A which contains the stated reasons for deductions.
    The final determination concerns Kathe’s facility located at 835
    Milwaukee Avenue, Glenview, Cook County,
    Illinois.
    This matter
    is accepted for hearing.
    Kathe’s had previously filed another UST case, PCB 95-43.
    PCB 95-43
    is presently scheduled for decision on the Board’s May
    18,
    1995 as is this case
    (see below).
    The Board accordingly
    consolidates the two cases for hearing.
    The Board makes no
    finding as to whether these cases will be consolidated for
    purposes of final decision.
    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
    2
    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.
    In PCB 95-43,
    as stated in the Board’s order of January 26,
    1995,
    absent any future waivers of the decision deadline, the
    statutory decision deadline is now May 23,
    1995
    (120 days from
    January 23,
    1995);
    the Board meeting immediately preceding the
    decision deadline is scheduled for May 18,
    1995.
    Absent any
    future waivers of the decision deadline, the statutory decision
    deadline in PCB 95-48
    is now June 7,
    1995
    (120 days from February
    7,
    1995); the Board meeting immediately preceding the decision
    deadline is scheduled for May 18,
    1995.
    Accordingly, the Board
    would intend to decide both cases at its May 18,
    1995 meeting,
    absent waivers.
    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)
    reciuire the Acrency to file the entire Agency record
    of the reimbursement application 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 N. Gunn,
    Clerk of the Illinois Pollution Control
    B ard, hereby cer
    fy that the above order was adopted o
    the
    4t7~dayof
    _________________
    ,
    1995, by a vote o
    -
    _______
    Dorothy N./G~inn,Clerk
    Illinois ~g1~lutionControl Board

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