ILLINOIS POLLUTION CONTROL BOARD
    February 3,
    1994
    BENET ACADEMY,
    )
    Petitioner,
    v.
    )
    PCB 94—46
    (UST Fund)
    OFFICE OF THE ILLINOIS STATE
    )
    FIRE
    MARSHAL,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by C.A. Manning):
    On January 28,
    1994,
    the Benet Academy filed a petition for
    review
    of
    an Office
    of the Illinois
    State
    Fire Marshal
    (OSFN)
    eligibility
    and
    deductibility
    determination
    to
    access
    the
    Underground
    Storage
    Tank
    Fund.
    The
    OSFM
    issued
    a
    final
    determination letter on December 20,
    1993 pursuant to 57.9(c)
    of
    the Act and the appeal was brought under Section 57.9(c) (2).
    (415
    ILCS
    5/57.9(c)(1993).1)
    The
    final
    determination
    concerns
    Benet
    Academy’s facility
    located at
    2200 Maple
    Avenue,
    Lisle,
    DuPage
    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.
    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 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.
    In this case, pursuant to Section 40(a)(2) of the Act,
    the statutory decision
    deadline is May 28,
    1994,
    1994; therefore,
    1P.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,
    22.18b and 22.18c,
    and adopting
    new Title XVI, and specifically, new Section 57.
    2
    the decision due date is May 19,
    1994.
    If after appropriate consultation with the parties, they 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
    Boards hereby certify~hatthe above order was adopted on the
    ~.A~.r~\_day
    of
    ~
    ,
    1994,
    by a vote of
    7-a.
    Dorothy M.
    Illinois
    ,
    Clerk
    :ion Control Board

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