ILLINOIS POLLUTION CONTROL BOARD

January 6, 1994

DAVID GEUTHER and

FEHR-GRAHAN & ASSOCIATES,

Petitioners,

V.

)

PCB 93—232

)

(UST Fund)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD (by J. Theodore Meyer):

This matter is before the Board on a December 20, 1993

amended petition, filed by petitioners David Geuther and Fehr-

Graham & Associates (collectively, petitioners). Petitioners

filed the amended petition in response to the Board’s December 2,

1993 order seeking more information. One of the issues raised in

that December 2 order was whether the petition for review is

timely. We directed petitioners and the Illinois Environmental

Protection Agency (Agency) to address that issue within 45 days.

Petitioners have addressed that issue. The Agency’s response is

not due until January 18, 1994.

We believe that we must address the issue of timeliness of

this appeal, but we will not do so until we have received a

response from the Agency. However, because this case has a

decision deadline that is calculated from the date of filing of

the amended petition (December 20, 1993), we will provisionally

set this matter for hearing. We do so without making any

finding, at this time, that the petition is timely filed.

Additionally, we direct the Agency to discuss, in its response,

when a petitioner receives the voucher (and any attachments). Is

that voucher mailed directly to the petitioner by the Agency (and

if so, when), or does a petitioner receive the Agency’s voucher

when it receives the check from the Comptroller?

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. 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

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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. In this case, the statutory

decision deadline is April 19, 1994; therefore the 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 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. Admn. Code 105.102) require the Agency to file the entire

Agency record of the permit application within 14 days of notice

of the petition.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

B9ard, hereby c ify that the above order was adopted on the

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day of

_______________,

1994, by a vote of

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—1~or’bthyM.

Gu~, Clerk

Illinois Pol~’tion Control Board