ILLINOIS POLLUTION CONTROL BOARD
February 23,
1995
FORREST WILLIAMS,
)
d/b/a WILLIAMS MOBIL,
)
)
Petitioner,
)
v.
)
PCB 95—57
(UST-Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
FORREST WILLIAMS,
)
d/b/a WILLIAMS MOBIL,
)
)
Petitioner,
)
v.
)
PCB 95—58
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
(Consolidated)
PROTECTION AGENCY,
)
)
Respondent.
ORDER
OF
THE
BOARD:
On February 17,
1995,
in PCB 95—57, Forrest Williams d/b/a
Williams Mobil
(Williams Mobil)
filed a petition for review of an
Illinois Environmental Protection Agency
(Agency) disapproval of
Williams Mobil’s Leaking Underground Storage Tank Site
Classification and Corrective Action Report.
The Agency
disapproved Williams Mobil’s Leaking Underground Storage Tank
Site Classification and Completion Plan Report on January 27,
1995.
The final determination concerns Williams Mobil’s facility
located at 3424 Sheridan Road,
Zion,
Lake County,
Illinois.
This
matter is accepted for hearing.
On February 17,
1995, in PCB 95—58, Forrest Williams d/b/a
Williams Mobil
(Williams Mobil)
filed a petition for review of an
Illinois Environmental Protection Agency
(Agency) disapproval of
Williams Mobil’s Leaking Underground Storage Tank Soil
Classification and Groundwater Investigation Plan.
The Agency
disapproved Williams Mobil’s Leaking Underground Storage Tank
Soil Classification and Groundwater Investigation Plan on January
27,
1995.
The final determination concerns Williams Mobil’s
facility located at 3424 Sheridan Road,
Zion,
Lake County,
Illinois.
This matter is accepted for hearing.
The Board on its own motion consolidates these cases which
2
involve January 27,
1995 Agency decisions concerning the same
site.
The Board will reserve ruling on the motions to stay in
each case,
as the time for Agency response has not yet run.
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 June
17,
1995
(120 days from February 17, 1995); the Board meeting
immediately preceding the decision deadline is scheduled for June
15,
1995.
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 A~encvto file the entire A~encvrecord
of the reimbursement application within
14 days of notice of the
petition.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby cer i y that the above order was adopted on the
~23~
day of
—
,
1995,
by a vote
£
7—Cs
!0~~7
~‘,
Dorothy !t~jGunn,Clerk
Illinois(,Pollution Control Board