ILLINOIS POLLUTION CONTROL BOARD

June 23, 1994

GRAYSLAKE FEED

AL, INC.

/

)

OUTDOOR POWER

EQUIPMENT,

)

)

Petitioner,

V.

PCB 94—126

(UST Fund)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER

OF

THE

BOARD (by M. McFawn):

On April 19, 1994, Grayslake Feed Sales, Inc./Outdoor Power

Equipment (Grayslake) filed a petition for review of the Illinois

Environmental Protection Agency (Agency) final Underground

Storage Tank Fund reimbursement decision. In an order dated

April 21, 1994, the Board found that the petition was deficient,

in that it did not contain information which would enable the

Board to determine whether the petition was timely filed. The

Board directed Grayslake to file an amended petition to correct

the deficiency.

On June 1, 1994, Grayslake filed an amended petition which

contains the required information. Accordingly, the Board

determines that this petition is timely filed, and the matter is

accepted for hearing. The filing of the amended petition

restarts the Board’s decision timeclock, with the actual decision

date now calculated as September 29, 1994. Accordingly, unless

the decision deadline is waived by petitioners, the Board would

anticipate reaching a decision at its regularly scheduled meeting

of September 15, 1994.

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 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

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2

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.

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. Adm.

Code 105.102) reauire the A~encvto file the entire Agency record

of the permit a~Dlicationwithin 14 days of notice of the

petition.

IT IS SO ORDERED.

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

Boar~I, hereby cer

y that the above order was adopted ,pri the

___

of

________________,

1994,

by a vote of

~‘

0

L.~”DorothyM. Gt~4i, Clerk’

Illinois Polt~yition Control Board