ILLINOIS POLLUTION CONTROL BOARD
September 1, 1994
J. I. CASE COMPANY,
)
Petitioner,
v.
)
PCB 94—223
(UST-Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD:
On August 16, 1994, 3. I. Case Company (“Case”) filed a
petition for review of an Illinois Environmental Protection
Agency (“Agency”) disapproval of Case’s Underground Storage Tank
Site-Specific Cleanup Objectives. The Agency disapproved Case’s
Underground Storage Tank Site-Specific Cleanup Objectives Plan on
July 12, 1994. The final determination concerns the site located
at 625 Third Avenue, Rock Island, Rock Island 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). A
hearing officer shall be assigned to conduct hearings. The Clerk
of the Board shall promptly issue appropriate directions to the
assigned hearing officer consistent with this order.
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. Pursuant to a waiver given August
23, 1994 and absent any future waivers of the decision deadline,
the statutory decision deadline is now March 17, 1995; the Board
meeting immediately preceding the due date is scheduled for March
16, 1995.
If after appropriate consultation with the parties, the
parties fail to provide an acceptable hearing date or if after an
2
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 Aaencv 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, hereby certify that the above order was ad~pptedon the
/~
day of ~-~“1’---’
,
1994, by a vote of
~-~‘~(2
Doro hy M. Gun~)Clerk
Illinois Pollution Control Board