ILLINOIS POLLUTION CONTROL BOARD
January 7, 1993
ESTATE OF
LARRY
JUNKIN, by
)
PATRICIA JUNKIN, EXECUTRIX,
)
)
Petitioner,
v.
)
PCB 92—210
(Underground Storage Tank
ILLINOIS
ENVIRONMENTAL
)
Reimbursement)
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by B.
Forcade):
On December 18, 1992 petitioner filed a petition for review of
the Agency’s determination that corrective action costs are not
reimbursable
from the
UST
Fund.
This
matter
is
accepted
for
hearing.
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
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 on a 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 Illinois
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.
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby cer
fy that the above order was adopted on the
7~Z
day of
___________________,
1993, by a vote of
~O
Control Board