ILLINOIS POLLUTION CONTROL BOARD

April 21, 1994

H.C.T.K. INC.,

)

Petitioner,

)

V.

)

PCB 94—82

(UST

Fund)

ILLINOIS

ENVIRONMENTAL,

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER

OF THE BOARD (by J. Theodore Meyer):

This matter is before the Board on petitioner H.C.T.K.,

Inc.’s amended petition for review, filed on April 18, 1994. On

March 17, 1994, the Board directed H.C.T.K. to amend its petition

and provide sufficient information to determine whether this

appeal was timely filed. In order for the Board to review an

Agency final determination pursuant to Sections 22

•

18(b) (g) and

40 of the Environmental Protection Act (Act), a petition for

review must be filed within thirty-five (35) days of the date of

the final determination. (415 ILCS 5/22.18b(g), 5/40 (1992).)

H.C.T.K. has now provided a copy of the check issued by the

Comptroller, dated January 27, 1994. The petition for review was

mailed on February 28, 1994, and received by the Board on March

3, 1994. Thus, the appeal is timely, and 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. 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

We have previously found that appeals filed within 35

days of the date of the Comptroller’s check are timely filed.

(Geuther v. Illinois Environmental Protection Aaency (February 3,

1994), PCB 93—232 and PCB 94—53 (cons.); City of Elgin v.

Illinois Environmental Protection A~encv (February 3,1994), PCB

93—246.)

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2

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. In this case, the statutory

decision deadline is August 16, 1994; therefore the decision due

date is August 11, 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

(35 Ill. Adin. Code 105.102) require the Agency to file the entire

Agency record of the permit application within 14 days of notice

of the petition.

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 vote of

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Dorothy M. ,14(inn, Clerk

Illinois P~,1lutionControl Board