ILLINOIS POLLUTION CONTROL BOARD
    November 18, 1993
    DIMITRI’S
    AUTO
    SERVICE,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 93—226
    )
    (UST
    Fund)
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER
    OF
    THE BOARD
    (by 3. Theodore Meyer):
    On November 17, 1993 petitioner Dimitri’s Auto Service filed
    a petition for review of an Underground Storage Tank
    reimbursement determination. This matter is accepted for
    hearing.
    Petitioner seeks review of an October 22, 1993 Illinois
    Environmental Protection Agency (Agency) decision stating that
    costs which had previously been reimbursed had subsequently been
    determined to be ineligible for reimbursement. The Agency stated
    that because the
    non—corrective action costs exceeded the amount
    of eligible costs of the third payment, the remaining ineligible
    costs will be deducted from the subsequent claims which are
    determined to be eligible” (Petition, Exh. D at 1.) The
    parties are particularly directed to Board opinions and Orders in
    Fiatallis North American. Inc. v. Illinois Environmental
    Protection Aaency (October 21, 1993), PCB 93—108, and Hilleboro
    Glass
    V.
    IllifloiB Environmental Protection Aaency (March 11,
    1993), PCB 93—9.
    Hearing must be scheduled within 14 days of the date of this
    order and completed within 60 days of the date of this order.
    The 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, and
    all actual exhibits to the Board within 5 days of the hearing.
    Any briefing schedule shall provide for final filings as
    expeditiously
    as
    possible and in no event later than 70 days
    from
    the date of this order.
    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. This schedule will
    only provide the Board a very short time period to deliberate and
    reach a decision before the due date. The hearing officer and
    2
    the parties are encouraged to expedite this proceeding as much as
    possible.
    Within 10 days of accepting this case, the hearing officer
    shall enter a hearing officer scheduling order governing
    completion of the record. That order shall set a date certain
    for each aspect of the case including: briefing schedule,
    hearing date(s), completion of discovery (if necessary) and pre-
    hearing conference (if necessary). The hearing officer
    scheduling order may be modified by entry of a complete new
    scheduling order conforming with the time requirements below.
    The hearing officer may extend this schedule only ona
    waiver of the decision deadline by the petitioner and only for
    the equivalent or fewer number of days that the decision deadline
    is waived. Such waivers must be provided in writing to the Clerk
    of the Board. Any waiver must be an “open waiver” or a waiver of
    decision until a date certain.
    Because of requirements regarding the publication of notice
    of hearing, no scheduled hearing may be canceled unless the
    petitioner provides an open waiver or a waiver to a date at least
    120 days beyond the date of the motion to cancel hearing. This
    should allow ample time for the Board to republish notice of
    hearing and receive transcripts from the hearing before the due
    date. Any order by the hearing officer granting cancellation of
    hearing shall include a complete new scheduling order with a new
    hearing date at least 40 days in the future and at least 30 days
    prior to the new due date and the Clerk of the Board shall be
    promptly informed of the new schedule.
    Because this proceeding is the type for which the
    Environmental Protection Act sets a very short statutory deadline
    for making a decision, absent a waiver, the Board will grant
    extensions or modifications only in unusual circumstances. Any
    such motion must set forth an alternative schedule for notice,
    hearing, and final submissions, as well as the deadline for
    decision, including response time to such a motion. However,, no
    such motion shall negate the obligation of the hearing officer to
    establish a scheduling order pursuant to the requirements of this
    order, and to adhere to that order until modified.
    This order will not appear in the Board’s opinion volumes.
    IT IS SO ORDERED.
    3
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Bo d hereby certif that the above order was adopted on ~jie
    ______
    day of
    ___________________,
    1993, by a vote of 5 —0
    Control Board

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