ILLINOIS POLLUTION CONTROL BOARD
    February
    3,
    1994
    METROPOLITAN AIRPORT AUTHORITY,
    )
    )
    Petitioner,
    )
    V.
    )
    PCB 94—45
    )
    (UST Fund)
    OFFICE OF THE ILLINOIS STATE
    )
    FIRE
    MARSHAL,
    )
    Respondent.
    ORDER OF THE BOARD
    (by CA.
    Manning):
    On
    January
    28,
    1994,
    the
    Metropolitan
    Airport
    Authority
    (Airport) filed a petition for review of an Office of the Illinois
    State
    Fire
    Marshal
    (OSFM)
    eligibility
    and
    deductibility
    determination to access the Underground Storage Tank Fund.
    The
    OSFM
    issued
    a
    final
    determination
    letter
    on December
    27,
    1993
    pursuant to Section 57.9(c)
    of the Act and the appeal was brought
    under
    Section
    57.9(c)(2).
    (415
    ILCS
    5/57.9(c).’)
    The
    final
    determination concerns the Airport’s underground tanks designated
    as
    “Tanks
    #4,
    5,
    6,
    10,
    11,
    12” located at
    its facility in Rock
    Island
    County,
    Illinois.
    This
    matter
    is
    hereby
    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 waiver provisions of
    35
    Ill.
    Adin.
    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 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
    P.A. 88-496 became effective on September 13,
    1993.
    P.A.
    88-496
    substantially
    amended
    the
    Environmental
    Protection
    Act
    repealing Sections
    22.13,
    22.18,
    22.l8b and 22.l8c,
    and adopting
    new Title XVI,
    and specifically, new Section 57.
    2
    deadline.
    In this case, pursuant to Section 40(a) (2)
    of the Act,
    the statutory decision deadline
    is May
    28,
    1994;
    therefore,
    the
    decision due date is May 19,
    1994.
    If
    after
    appropriate
    consultation
    with
    the
    parties,
    the
    parties
    fail to provide an acceptable hearing date or if
    after
    attempting to do so, the hearing officer is unable to consult with
    the parties, the hearing officer shall unilaterally set a hearing
    date in conformance with the above schedule.
    The hearing officer
    and the parties are encouraged to expedite this proceeding to the
    extent possible.
    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
    Boaç~1,hereby certif
    hat the above order was adopted on the
    ~9’~
    day of
    ,
    1994, by a vote of
    7-c.
    Control Board

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