ILLINOIS POLLUTION CONTROL BOARD
June 15,
1995
BRUNETTO BROTHERS MOBIL,
)
Petitioner,
)
V.
)
PCB 95—168
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD:
On June 12,
1995, Brunetto Brothers Mobil
(Brunetto)
filed a
petition for review of an Illinois Environmental Protection
Agency (Agency) disapproval of Brunetto’s Leaking Underground
Storage Tank Soil Classification and Groundwater Investigation
Plan.
The Agency disapproved Brunetto’s Leaking Underground
Storage Tank Soil Classification and Groundwater Investigation
Plan on May
5,
1995.
The final determination concerns Brunetto’s
facility located at 501 East Central, Benld, Macoupin 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.
Adin. 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 October
10, 1995
(120 days from June 12,
1995); the Board meeting
immediately preceding the decision deadline is scheduled for
October 19,
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. Adm.
Code 105.102) require the Agency to file the entire Agency record
of the Site Classification and Completion Plan
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 cert
y that the above order was adopted o~the
,:~
~day
of
___________________
,
1995,
by a vote of
~
0
Control Board