ILLINOIS POLLUTION CONTROL BOARD

May 5, 1994

TNT HOLLAND MOTOR

)

EXPRESS, Inc.,

)

Petitioner,

)

v.

)

PCB 94—133

)

(UST Fund)

OFFICE OF THE STATE

)

FIRE MARSHALL,

)

)

Respondent.

ORDER OF THE

BOARD:

On April 21, 1994, TNT Holland Motor Express, Inc. filed a

petition for review of an Office of the State Fire Marshall

(“OSFN”) deductible determination from the Underground Storage

Tank Fund and of the OSFM’s ability to reconsider a final

reimbursement decision. The OSFN issued a reimbursement decision

on March 15, 1994 which determined the Petitioner was eligible to

seek corrective action costs. It further stated that “(t)his

constitutes the final decision as it relates to your eligibility

and deductibility.” The OSFM issued a second letter on March 17,

1994, stating that it had reviewed its “preliminary deductible

determination” for the site and found Petitioner was ineligible

for reimbursement because no confirmed release had been reported.

Finally, the OSFN issued a third letter on March 17, 1994,

stating that the Petitioner was ineligible and this was the

“final decision.” The final determination concerns TNT Holland

Motor Express, Inc.’s site located at 8601 West 53rd Street,

McCook, Cook County, 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 August 19, 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. Adm. Code 105.102) require the A~encvto file the entire

Aciencv 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 N. Gunn, Clerk of the Illinois Pollution Control

B9ard, hereby certify that the above order was adopted on the

~

day of

________________,

1994, by a vote of

_______

Dorothy M.

Illinois

Control Board

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