ILLINOIS POLLUTION CONTROL BOARD

March

9,

1995

KALO GASOLINE COMPANY,

)

Petitioner,

v.

)

PCB 95—41

(UST—Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

KALO GASOLINE COMPANY,

Petitioner,

V.

)

PCB 95—74

(UST-Fund)

ILLINOIS ENVIRONMENTAL

)

(Consolidated)

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD:

On March

3,

1995,

Kalo Gasoline Company

(Kalo)

filed a

petition for review of an Illinois Environmental Protection

Agency

(Agency)

final reimbursement determination from the

Underground Storage Tank Fund.

The Agency disapproved Kalo’s

application for reimbursement on January 27,

1995.

The final

determination concerns Kalo’s facility located at 1490 East

Oakton Street, Des Plaines, Cook County,

Illinois.

This matter

is accepted for hearing.

Kalo’s had previously filed another UST case,

PCB 95-41.

PCB

95-41

is presently scheduled for decision on the Board’s June 15,

1995 meeting 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

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

---

2

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 in PCB 95-74

is now July

1,

1995

(120 days from March 3,

1995); the Board

meeting immediately preceding the decision deadline is scheduled

for June 15,

1995.

On March

2,

1995, Kalo’s filed a wavier of

the decision deadline date in PCB 95-41 to June 16,

1995;

the

Board meeting immediately preceding the decision deadline is

scheduled for June 15,

1995.

Accordingly, the Board would intend

to decide both cases at its June 15,

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) require the Agency 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

~

hereby certify that the above order was adopted on th~

/

day of

___________________

,

1995,

by a vote

________

Dorothy M.,4(inn, Clerk

Illinois Pb~flutionControl Board