ILLINOIS POLLUTION CONTROL BOARD

February 17,

1994

MYRTLE

LANDWEHRNEIER,

)

)

Petitioner,

)

V.

)

PCB 94—55

)

(UST

Fund)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER

OF THE BOARD

(by C.A. Manning):

On February

7,

1994,

Myrtle Landwehrmeier

(“Landwehrineier”)

filed a petition for review of an Illinois Environmental Protection

Agency (“Agency”)

final reimbursement determination to

access

the

Underground Storage Tank Fund. The Agency issued an invoice voucher

on December 21, 1993 accompanied by Attachment A which contains the

stated reasons for deductions,

and the final reimbursement check

was mailed by the Comptroller on January 6, 1994. The reimbursement

determination concerns Landwehrmeier’s site located at NW corner R.

3 Chain of Rocks

Rd.

a/k/a 3305 West Chain of Rocks Rd.

Granite

City,

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

7,

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

Boa~, hereby

cert

y that the above

order

was

adopted on

the

/7

~

day of

________________,

1994,

by a vote of

~

~

~.t

~Dorothy

M.,4unri, Clerk

Illinois ~llution

Control Board