ILLINOIS POLLUTION CONTROL BOARD

June

23,

1994

MELROSE

PARTNERS,

Petitioner,

v.

)

PCB

94—167

(UST-Fund)

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

ORDER

OF

THE

BOARD

(by

G.

T.

Girard):

On June 2,

1994, Melrose Partners 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

May 4,

1994,

accompanied by Attachment A which contains the

stated reasons for deductions.

The petition appeals the denial

of reimbursement for charges incurred prior to the notification

made

to

the

Illinois Emergency Management Agency.

The final

determination

concerns

Melrose

Partner’s

site

located

at

1202

Meirose

Avenue,

Waukegan,

Lake

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.

Ada.

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 waivers of the

decision deadline, the statutory decision deadline is now

September 30,

1994

(120 days from June 2,

1994);

the Board

meeting immediately preceding the due date is scheduled for

---

2

September 15,

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

135 Ill. Ac~m.Code 105.102~require the Aaency to file the entire

Aaencv record of the reimbursement aDplication within 14 days of

notice of the petition.

On June 16,

1994, the Board received the

Agency record accompanied by a motion to file the record

instanter.

The record was, however, timely filed and the motion

is moot.

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

Board, )~erebycertify

t the above order was adopted on

~he

~

day of

___________________,

1994, by a vote of

~

~

Dorothy M.

9(~4tn, Clerk

Illinois Po~utionControl Board