ILLINOIS POLLUTION CONTROL BOARD
January 11,
1995
AMERICA’S CARWASH-HP, INC.,
)
)
Petitioner,
v.
)
PCB 94—391
)
(LUST-Appeal)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD (by J. Yi):
On December 29,
1994,
America’s Carwash-HP,
Inc.
(“America”)
filed a petition for review of an Illinois Environmental
Protection Agency (“Agency”) disapproval of America’s Leaking
Underground Storage Tank Site Classification and Corrective
Action Report.
The Agency disapproved America’s Leaking
Underground Storage Tank Site Classification and Corrective
Action Report on December 2,
1994.
The final determination
concerns the site located at 2744 Skokie Valley Road, Highland
Park, Lake 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 April
28,
1995
(120 days from December 29,
1994); the Board meeting
immediately preceding the decision deadline is scheduled for
April 20,
1995.
2
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 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
Board, hereL~certify that the above order was ad9pted on the //~
day
of
________________
,
1995,
by a vote of
~
/7
~1
LI
/
(1
Dorothy N.
G,
n, Clerk
Illinois
Po~ution
Control
Board