ILLINOIS POLLUTION CONTROL BOARD
    May 19, 1994
    MADISON AVENUE VENTURE,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—152
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD:
    On May 16, 1994,Madison Avenue Venture (“Madison”) filed a
    petition for review of an Illinois Environmental Protection
    Agency (“Agency”) final reimbursement determination from the
    Underground Storage Tank Fund. The Agency issued a final
    reimbursement decision on April 1, 1994, accompained by
    attachment A which contains the stated reasons for deductions.
    The final determination concerns Madison’s site located at 7545
    South Madison Avenue, Hinsdale, DuPage, 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. Adin. 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 wavers of the
    decision deadline, the statutory decision deadline is now
    September 13, 1994 (120 days from May 16, 1994); the Board
    meeting immediately preceding the due date is scheduled for
    September 1, 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. Adin. Code 105.102) require the Agency to file the entire
    A~encvrecord of the reimbursement aDplication 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
    B9~d, hereby certify that the above order was adopted op the
    JVi~-’dayof
    _______________
    ,
    1994, by a vote of ~
    ~

    Back to top