ILLINOIS POLLUTION CONTROL BOARD
    January 26, 1995
    COI’~1ERICABANK-ILLINOIS,
    )
    Petitioner,
    )
    v.
    )
    PCB 95—40
    (UST-Appeal)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD:
    On January 18,
    1995, Comerica Bank—Illinois
    (Coinerica)
    filed
    a petition for review of an Illinois Environmental Protection
    Agency (Agency) disapproval of Comerica’s Leaking Underground
    Storage Tank Site Classification and Corrective Action Report.
    The Agency disapproved Coinerica’s Leaking Underground Storage
    Tank Site Classification and Corrective Action Report on December
    15,
    1994. The final determination concerns Comerica’s facility
    located at 123 South 23rd Avenue,
    Beliwood, Cook 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 May 18,
    1995
    (120 days from January 18, 1995); the Board meeting
    immediately preceding the decision deadline is scheduled for May
    18,
    1995.
    If after appropriate consultation with the parties, the
    2
    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.
    Adiu.
    Code 105.102) require the Agency to file the entire Agency record
    of the reimbursement alplication 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 M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby
    tify that the above order was adopted on the
    ~2~day
    of
    \
    ~-~_~-~-t
    ,
    1995, by a vote
    f
    7~
    /
    2
    ~
    Dorothy M/~unn, Clerk
    Illinois ?~$llutionControl Board

    Back to top