ILLINOIS POLLUTION CONTROL BOARD
    January 6, 1994
    LINDSAY-KLEIN CHEVROLET,INC.
    )
    d/b/a CHUCK LINDSAY CHEVROLET-
    )
    OLDS,INC.
    Petitioner,
    v.
    )
    PCB 93—255
    )
    (UST Fund)
    OFFICE OF THE ILLINOIS STATE
    )
    FIRE MARSHAL,
    )
    Respondent.
    ORDER OF THE BOARD (by C.A. Manning):
    On December 16, 1993, Lindsay-Klein Chevrolet, Inc. d/b/a
    Chuck Linsay Chevrolet-Olds, Inc. (“Lindsay”) filed a petition for
    review of an eligibility determination to access Illinois’
    Underground Storage Tank Fund made by the Office of the Illinois
    State Fire Marshal pursuant to 57.9(c) of the Act (415 ILCS
    5/57.9(c) (1993)’). The eligibility determination concerns Lindsay’s
    site located at 627 Lincoinway East, Morrison, 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 April 16, 1994; therefore, the
    ‘P.A. 88—460 became effective on September 13, 1993. P.A.
    88-4 0 substantially amends the Environmental Protection Act
    repealing Sections 22.13, 22.18, 22.18b and 22.18c, and adopts new
    Title XVI, and specifically, new Section 57.
    2
    decision due date is March 31, 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
    date in conformace 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 N. Gunn, Clerk of the Illinois Pollution Control
    oard, hereby certify at the above order was adopted on the
    • day of _________________________, 1994, by a vote of
    P0
    Control Board

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