ILLINOIS POLLUTION CONTROL BOARD

October 6, 1994

MARION PEPSI COLA,

)

Petitioner,

)

v.

)

PCB 94—255

(UST-Fund)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD: (by E. Dunham):

On September 16, 1994, Marion Pepsi Cola filed a petition

for review of an Illinois Environmental Protection Agency

(“Agency”) final reimbursement determination from the Underground

Storage Tank Fund. The final determination concerns the

Centralia Pepsi Cola facility in Centralia, Marion 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 the 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 January

16, 1995; the Board meeting immediately preceding the due date

is scheduled for January 12, 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

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2

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 permit 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 M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that/the~aboveorder was adopted on the

~

day of

,

1994,

by a vote of

—

C

Dorothy M.

Illinois P

Control Board