ILLINOIS POLLUTION CONTROL BOARD

July 21, 1994

RICHARD E. GAUNT, SR.,

)

)

Petitioner,

v.

)

PCB 94—163

(UST-Fund)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD (by R.C. Flemal):

This matter comes before the Board on a July 15, 1994

amended petition filed by Richard E. Gaunt, Sr. (Gaunt). The

amended petition cures the defects found by the Board as

explained in its June 30, 1994 order.

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. The Board notes that the filing

of the amended petition restarted the Board’s decision timeclock.

Absent any future waivers of the decision deadline or the filing

of additional amended petitions, the statutory decision deadline

is now November 12, 1994; the Board meeting immediately preceding

the due date is scheduled for November 3, 1994.

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

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2

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 (35 111. Adm.

Code 105.102) require the Agency to file the entire A~encvrecord

of the reimbursement a~p1icationwithin 14 days of notice of the

petition.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board hereby certif that the above order was adopted on the

day of

___________________,

1994, by a vote of

0

/

~L.

orothy N. Gi~4h, Clerk

Illinois Po1i~/ition Control Board