ILLINOIS POLLUTION CONTROL BOARD

February

3, 1994

MADISON GROUP 90,

)

)

Petitioner,

)

v.

)

PCB 94—42

)

(UST Fund)

OFFICE OF THE ILLINOIS STATE

)

FIRE

MARSHAL,

)

)

Respondent.

ORDER OF THE BOARD

(by C.A. Manning):

On January

20,

1994,

the Madison Group

90

(Madison)

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

21,

1993

pursuant to

Section

57.9(c)

of

the

Act

and

the

appeal

was

brought

under

Section

57.9(c)(2).1

(415 ILCS 5/57.9(c) (1993)

~2)

The final determination

concerns Madison’s heating oil tank designated as “Tank #2” located

at

4211

Madison

Street,

Hillside,

Cook

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

The Board will treat the OSFN letter dated December 21,

1993 as a final determination pursuant to Section 57.9(c)

of the

Act even though the letter contains language stating that the

determination as to deductible is “preliminary.”

(See IEPA v.

IPCB,

(November

23,

1993),

No.

5—92—0468.)

2

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

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

20,

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

Boar~,hereby certj.

that the above order was adopted on the

?~L’•day of

,

1994, by a vote of

Li~orothyM.

Gunft,

Clerk

Illinois Pollu~tionControl Board