ILLINOIS POLLUTION CONTROL BOARD
May 19, 1994
GUNITE CORPORATION,
)
)
Petitioner,
)
v.
)
PCB 94-80
)
(UST Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD:
On April 18, 1994, Gunite Corporation (ttGunite~) filed a
Amended Petition for Review of an Illinois Environmental
Protection Agency (“Agency”) denial of underground storage tank
site-specific cleanup objectives. The Agency denied Gunite’s
application for site specific soil cleanup objectives on January
25, 1994. The final determination concerns Gunite’s site located
at 302 Peoples Avenue Rockford, Winnebago, County, Illinois.
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. Adiu. 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. Absent any future waivers of the
decision deadline, the statutory decision deadline is now August
16, 1994 (120 days from April 18, 1994); the Board meeting
immediately preceding the due date is scheduled for August 11,
1994.
If after appropriate consultation with the parties, the
2
parties fail to provide an acceptable hearing date or if after an
attempt the hearing officer is unable to consult with the
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 Ill. Adm. Code 105.102) require the Agency to file the entire
Agency record regarding this matter within 14 daYs of notice of
the petition.
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 certify that the above order was adopted on the
/9tZ~day of
_______________
,
1994, by a vote
______
Dorothy M./Øunn, Clark
Illinois P~9’llution Control Board