ILLINOIS POLLUTION CONTROL BOARD
    June 30,
    1994
    R.
    P. LUMBER COMPANY,
    INC.,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—184
    )
    (UST Fund)
    OFFICE OF THE STATE FIRE
    )
    MARSHAL,
    )
    )
    Respondent.
    ORDER OF THE BOARD:
    On June 27,
    1994,
    R.
    P. Lumber Company, Inc. filed a
    petition for review of an Office of the State Fire Marshal
    (“OSFM”) final reimbursement determination from the Underground
    Storage Tank Fund.
    The OSFM issued a final reimbursement
    decision on May 20,
    1994, which contains the stated reasons for
    deductions.
    The final determination concerns R.
    P. Lumber
    Company,
    Inc.’s site located at 514 E. Vandalia, Edwardsville,
    Madison, 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
    Chief Hearing Officer shall assign a hearing officer 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.
    Absent any future waivers of the
    decision deadline, the statutory decision deadline is now October
    25,
    1994
    (120 days from June 27,
    1994); the Board meeting
    immediately preceding the due date is scheduled for October 20,
    1994.
    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) recmire the Aaencv 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 c
    fy that the above order was adopted on the
    tcCday of
    _________________
    ,
    1994,
    by a vote o
    ~,
    -~)
    Dorothy H.
    9iinn, Clerk
    Illinois Po~I)~ution
    Control Board

    Back to top