ILLINOIS POLLUTION CONTROL BOARD

September 1, 1994

BOUTIN CLEANERS,

Petitioner,

v.

)

PCB 94—226

)

(UST Fund)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD:

On August 22, 1994, Boutin Cleaners (“Boutin”), filed a

petition for review of an Illinois Environmental Protection

Agency (“Agency”) final reimbursement determination from the

Underground Storage Tank Fund. The Agency issued a final

reimbursement decision on July 18, 1994, accompanied by

attachment A which contains the stated reasons for deductions.

The final determination concerns Boutin’s site located at 151

East Laurel, Lake Forest, Lake 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 35 111. Adm. 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. Boutin filed an open waiver of

the statutory decision deadline on August 22, 1994.

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

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officer and the parties are encouraged to expedite this

proceeding as much as possible. The Board notes that Board rules

(35 Iii. Adm. Code 105.102) require the Agency to file the entire

Agency record of the reimbursement 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

Boa~d,hereby certify that the above order was adopted on the

/~—

day of

__________________

,

1994, by a vote of

~‘ ~

Dorothy N. nfl, Clerk

Illinois Pollution Control Board