ILLINOIS POLLUTION CONTROL BOARD
    January 20,
    1994
    PARK
    DISTRICT OF
    HIGHLAND PARK,
    )
    (CENTRAL
    PARK
    FACILITY),
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—38
    )
    (UST Fund)
    OFFICE OF THE ILLINOIS STATE
    )
    FIRE
    MARSHAL,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by C.A. Manning):
    On January 18, 1994, the Park District of Highland Park filed
    a petition
    for
    review
    of an Office
    of the
    Illinois
    State
    Fire
    Marshal
    (“OSFM”)
    eligibility and deductibility determination to
    access the Underground Storage Tank Fund. The OSFM issued a final
    determination letter on December 9, 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).1)
    The
    final
    determination
    concerns
    the
    Park
    District’s
    Central
    Park
    Facility
    located
    at
    31 Park Avenue
    in
    Highland Park.
    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
    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 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 decision deadline.
    In this
    case,
    pursuant to Section
    40
    (a) (2)
    of
    the
    Act,
    the
    statutory
    1P.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 22.18c,
    and adopting
    new Title XVI, and specifically, new Section 57.
    2
    decision
    deadline
    is
    May
    18,
    1994;
    therefore,
    the 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 N. Gunn,
    Clerk
    of the Illinois Pollution Control
    Boa~ hereby
    certify ~j~at the above
    order was adopted
    on the
    ~
    day of __________________________,
    1994,
    by a vote of
    7—c
    Dorothy M.~inn, Clerk
    Illinois Porlution Control Board

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