ILLINOIS POLLUTION CONTROL BOARD

February 17,

1994

PRODUCE WAGON INC.

)

)

Petitioner,

)

v.

)

PCB 94—61

)

(UST Fund)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER

OF THE BOARD

(by C.A. Manning):

On February

14,

1994,

Produce Wagon,

Inc.

(“Produce Wagon”)

filed a petition for review of an Illinois Environmental Protection

Agency

(“Agency”)

deductible

determination

and

final

reimbursement decision from the Underground Storage Tank Fund.

The

Agency issued a final reimbursement decision on January 25,

1994,

which contains in Attachment A, the stated reasons for deductions.

The letter also includes a final determination as to deductibility.

The final determination concerns Produce Wagon’s site located at

3601

Constitution

Drive,

Springfield,

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 June 14,

1994;

therefore, the

decision due date is June 2,

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

---

2

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

Board,

hereby certfy

that the above

order was

adopted on the

/7~—

day of

______________,

1994, by a vote of

~

.1

-~

(1

‘fl

(

I

~rothy

M.

linn,

Clerk

Illinois P~liutionControl Board