ILLINOIS POLLUTION CONTROL BOARD
April 21,
1994
SHERIDAN TOWERS PARTNERSHIP,
)
Beneficiary Under Trust
)
No.
118462
)
LASALLE
NATIONAL TRUST, N.A.,
)
Trustee,
)
Petitioner,
)
v.
)
PCB 94—106
)
(UST Fund)
ILLINOIS STATE FIRE
MARSHAL,
)
)
Respondent.
ORDER OF THE BOARD:
On April
1,
1994, Sheridan Towers Partnership, Beneficiary
Under Trust No.
118462, LaSalle National Trust, N.A., Trustee,
(“Sheridan Towers Partnership”)
filed a petition for review of an
Illinois State Fire Marshal deductible determination and final
reimbursement decision from the Underground Storage Tank Fund.
The Illinois State Fire Marshal issued a final reimbursement
decision on March 11,
1994, which contains the stated reasons for
ineligibility.
The letter also includes a final determination as
to deductibility.
The final determination concerns Sheridan
Towers Partnership site located at 6030 North Sheridan Road,
cook County,
Chicago,
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. 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 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 July 30,
1994; therefore the decision due
date is July 21,
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 Iii. Adm. Code 105.102) reauire the Aaency to file the entire
Aaency record of the permit apDlication within 14 days of notice
of the Detition.
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, hereby certi
that
he above order was adopted
9fl the
~2L~~day
of
________________
,
1994, by a vote of
~,
6’
Control Board
2