ILLINOIS POLLUTION CONTROL BOARD

June 23, 1994

ROBERT SCHWAKE

STONE COMPANY, INC.,

Petitioner,

v.

) PCB 94—137

) (UST Fund)

ENVIRONMENTAL

PROTECTION

AGENCY,

)

Respondent.

ORDER

OF THE BOARD (by 14. McFawn):

On April 26, 1994, Robert Schwake Stone Company, Inc. filed

a petition for review of an Illinois Environmental Protection

Agency

(Agency)

final reimbursement determination from the

Underground Storage Tank Fund. In an order dated May 5, 1994,

the Board found that the petition was deficient, in that

petitioners did not include proof of service on the Agency. The

Board directed petitioners to file an amended petition to correct

the deficiency.

On June 9, 1994, petitioner amended its petition by

submitting the necessary proof of service. Accordingly, this

matter is accepted for hearing. The filing of the amended

petition would usually restart the Board’s decision timeclock.

In this case, petitioners filed an open waiver of the decision

deadline on May 20, 1994. The Agency filed the record in this

case on May 19, 1994.

Hearing is to be scheduled and completed in a timely manner.

The Chief Hearing Officer shall assign a hearing officer to

conduct bearings. 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.

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

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2

parties,

the

bearing 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.

IT IS SO ORDERED.

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

Boar

,

hereby cert that the above order was adopted ~n the

ay of

________________,

1994, by a vote of

~

Dorothy M. G n, Clerk

Illinois P 1 tion Control Board