ILLINOIS POLLUTION CONTROL BOARD
    July 30,
    1992
    CITY OF
    LAKE
    FOREST,
    )
    Petitioner,
    )
    v.
    )
    PCB 92—36
    )
    (Underground Storage Tank Fund
    Reimbursement Determination)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.C. Marlin):
    On July 1,
    1992, petitioner filed a motion to reconsider the
    Board’s order of June 23,
    1992, accompanied by a reply brief.
    The
    Agency filed a response in opposition on July 8,
    1992.
    The City asserts that the Board erred, and should reconsider
    its ruling, because the City did not have an opportunity to file a
    reply brief
    in this matter, asserting that the City “should have
    the opportunity to reply given by the Hearing Officer.”
    Following
    the
    May
    14,
    1992
    hearing,
    the
    hearing
    officer
    directed that the City file
    its brief
    on May
    24,
    the Agency its
    brief on June
    1, and the reply brief on July 8.
    On June 23, 1992, the Board rendered its decision based on the
    one brief it had received:
    the City’s May
    22,
    1992 brief.
    Board
    decision on this date was necessary,
    as it was the last regularly
    scheduled meeting prior to June 25,
    1992, the last day of the 120
    day decision period established by Sections 22.18b(g) and 40 of the
    Act.
    Following the Board’s adoption of its opinion and order and
    adjournment of the meeting, the Board received a filing from the
    Agency
    entitled “Waiver of Post—Hearing
    Brief”.1
    This document
    referred the Board to Village of Lincolnwood
    (June
    4,
    1992),
    PCB
    91—83,
    which the Board had independently cited
    as
    a controlling
    precedent in this case.
    The Board finds that the City had no absolute right to file a
    reply brief in this case,
    in which no brief had been filed by the
    Agency.
    (See Illinois Supreme Court Rule 341(g),
    Ill.
    Rev.
    Stat.
    1991,
    ch.
    11OA, par. 341(g)).
    Additionally, any briefing schedule
    ~Had the
    Board received
    this filing prior to rendering its
    decision,
    it would have been listed in the first paragraph of the
    Board’s opinion with the other filings.
    0135-0 169
    2
    established
    by
    a hearing
    officer
    cannot override the
    statutory
    decision deadline which the Board must meet.
    The Board will, however, grant the City’s motion to reconsider
    as
    it
    had
    no
    opportunity
    in
    its May
    22
    filing to
    address
    the
    Board’s
    June
    4
    Lincolnwood
    ruling.
    The City’s
    brief
    fails
    to
    persuade the Board that Lincolnwood
    is distinguishable from the
    instant case.
    Upon reconsideration, the Board affirms its opinion
    and order of June 23,
    1992.
    IT IS SO ORDERED.
    J. Anderson dissented.
    Section
    41
    of the Environmental Protection Act
    (Ill.
    Rev.
    Stat.
    1991,
    ch.
    111
    1/2,
    par.
    1041)
    provides
    for the appeal
    of
    final Board orders within 35 days.
    The Rules of the Supreme Court
    of Illinois establish filing requirements.
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby cert
    y that the above order was adopted on the
    36~
    day of
    ____________________,
    1992, by a vote of
    ______
    2L~
    Dorothy M.7bunn, Clerk
    Illinois P~llutionControl Board
    0135-0170

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