ILLINOIS POLLUTION CONTROL BOARD

May 5, 1994

ELMHURST-CHICAGO

STONE

COMPANY,

)

)

Petitioner,

)

V.

)

PCB 94—136

(UST Fund)

ENVIRONMENTAL PROTECTION

)

AGENCY,

)

Respondent.

ORDER OF THE BOARD:

On April 26, 1994, Elmhurst-Chicago Stone Company filed a

petition for review of an Illinois Environmental Protection

Agency (“Agency”) final Underground Storage Tank Fund

reimbursement decision. The Agency issued an invoice voucher on

March 23, 1994 accompanied by Attachment A which contains the

stated reasons for deductions. The final reimbursement check was

issued by the Comptroller dated April 5, 1994. On April 12, 1994

the Agency issued a letter with a revised Attachment A, amending

the final decision of March 23, 1994. This appeal challenges the

Agency’s reimbursement deductions originally set out in the

March 23, 1994 voucher and the Agency’s reconsidered items set

out in the April 12, 1994 letter. The reimbursement

determination concerns Elmhurst-Chicago Stone Company’s site

located at 28 West 101 Warrenville Road, Warrenville, DuPage

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 Iii. Adin. 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

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2

or deferred decision deadline. In this case, the statutory

decision deadline is August 24, 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~encyto 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 M. Gunn, Clerk of the Illinois Pollution Control

Bgard, hereby certify that the above order was adopted ~rithe

~

day of

________________,

1994, by a vote of

~:, ~

~.

Dorothy M. 941-in, Clerk

Illinois Po3jution Control Board