ILLINOIS POLLUTION CONTROL BOARD
    January 20, 1994
    CITY OF
    WHEATON
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—18
    )
    (UST Fund)
    OFFICE OF THE ILLINOIS STATE
    )
    FIRE
    MARSHAL,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by C.A. Manning):
    On January 7,
    1994,
    the City of Wheaton filed a petition for
    review of an Office of the Illinois
    State Fire Marshal
    (“OSFN”)
    eligibility
    and
    deductibility
    determination
    to
    access
    the
    Underground
    Storage
    Tank
    Fund.
    The
    OSFM
    issued
    a
    final
    determination letter on December 6, 1993 pursuant to 57.9(c) of the
    Act and the appeal was brought under Section 57.9(c) (2).
    (415 ILCS
    5/57.9(c) (1993).~)The final determination concerns the Old Police
    Station
    located at 119 North
    Wheaton
    Avenue,
    in
    Wheaton,
    DuPage
    County,
    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
    Iii.
    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,
    ‘P.A.
    88—496
    became
    effective
    on
    September
    13,
    1993.
    P.A.
    88-496
    substantially
    amended
    the
    Environmental
    Protection
    Act
    repealing Sections 22.13,
    22.18,
    22.18b and 22.lBc, and adopting
    new
    Title
    XVI,
    and
    specifically,
    new
    Section
    57.
    2
    decision due date is May 5,
    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 conformance 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 M.
    Gunn,
    Clerk of the Illinois Pollution Control
    B ard, hereby certi
    that the above order was adopted on the
    _____
    day of _________________________,
    1994, by a
    of
    ~
    ~‘
    ~,/
    Dorothy N. Gufl,
    Clerk
    Illinois Pol~tionControl Board

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