ILLINOIS POLLUTION CONTROL BOARD
October 20, 1994
ERNIE AND FRANK TAGLIERE
)
d/b/a RAVINIA AUTO SERVICE
)
CENTER,
Petitioner,
)
V.
)
PCB 94—292
(UST Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD:
On October 14, 1994, Ernie and Frank Tagliere d/b/a Ravinia
Auto Service Center, 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 September 9, 1994,
accompanied by attachment A which contains the stated reasons for
deductions. The final determination concerns Ernie and Frank
Tagliere d/b/a Ravinia Auto Service Center’s site located at 710
Burton Avenue, Highland Park, 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 Ill. Adm. Code 101.105). The
Board will assign a hearing officer to conduct hearings
consistent with this hearing, 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
February 11, 1995 (120 days from October 14, 1994); the Board
meeting immediately preceding the due date is scheduled for
January 12, 1995.
2
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 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
Board, hereby certify t~iatthe above order was adopted on the
~‘
day of
___________________
,
1994, by a vote of ~
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Dorothy N. G/unn, Clerk
Illinois Pol’lution Control Board