ILLINOIS POLLUTION CONTROL BOARD
April 21, 1994
IKE BUICK-NISSAN, Ltd.,
Petitioner,
)
v.
)
PCB 94—118
(UST-Fund)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD:
On April
7, 1994, Ike Buick-Nissan,
Ltd. filed a petition
for review of the Illinois Environmental Protection Agency’s
Underground Storage Tank Fund Reimbursement Determination
regarding its dealership at Route 13 East and Lake Road,
located
in Jackson County.
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 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 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
5,
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
2
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.
Adm.
Code
105.102) require the Agency to file the entire Agency record of the
permit application within
14 days of notice of the petition.
This order will not appear in the Board’s opinion volumes.
IT IS SO ORDERED.
I, Dorothy H.
Gunn,
Clerk of the Illinois Pollution Control
Board, her
certify that the above order ~iasadopted on the~~
day of
__________
,
1994,
by a vote of
_______
Dorothy H. ,4(inn, Clerk
Illinois Pb).lution Control Board