ILLINOIS POLLUTION CONTROL BOARD
    March 6, 1997
    SCOTT-MORGAN CUSD #2,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 97-142
    PCB 97-152
    (UST-Reimbursement)
    (Consolidated)
    ORDER OF THE BOARD (by K.M. Hennessey):
    On February 24, 1997, Scott-Morgan CUSD #2 (petitioner) filed a petition for review
    of Illinois Environmental Protection Agency (Agency) final determinations regarding two
    separate requests for reimbursement from the Underground Storage Tank Fund (“UST Fund”).
    The Agency made two final determinations on January 16, 1997, one regarding reimbursement
    for the period of December 1, 1994 to March 31, 1995 (first time period) and the other for
    April 1, 1995 to June 30, 1995 (second time period). The final determinations concern
    petitioner’s site located at 100 West Rockwood, Bluffs, Scott County, Illinois.
    Since petitioner is seeking review of two separate decisions, the Board will docket the
    appeal of the Agency’s decision regarding the first time period in docket PCB 97-142 and open
    a new docket PCB 97-152 for the appeal of the Agency’s decision regarding the second time
    period. Further, as there are two separate appeals, petitioner is directed to remit a filing fee of
    $75.00 for docket PCB 97-152 no later than April 7, 1997.
    These matters are accepted for hearing. Since the two appeals pertain to the same site
    and petitioner and appear to involve the same issues, the Board hereby consolidates these
    appeals for purposes of hearing. The Board makes no determination as to whether these
    appeals will be consolidated for purposes of decision.
    With respect to the hearing, the Board notes that laws regarding leaking underground
    storage tanks have undergone many changes over recent years. It is unclear from the petition
    which laws petitioner considers applicable in this matter. Accordingly, at hearing the parties
    shall address (1) which provisions and versions of the Illinois Environmental Protection Act
    (415 ILCS 5/1 et seq.) and Board regulations, if any, apply to reimbursement of petitioner
    from the UST Fund, including, but not limited to, petitioner’s place on any Agency listing of
    priority in connection with the UST Fund and (2) the Board’s authority to award petitioner
    attorneys’ fees and expenses in bringing these appeals.
    2
    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 Board will assign a hearing officer to conduct hearings
    consistent with this order, and the Clerk of the Board shall promptly issue appropriate
    directions to that assigned hearing officer.
    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 5 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. Absent any future waivers of the decision deadline, the statutory decision deadline is
    now June 24, 1997 (120 days from February 24, 1997); the Board meeting immediately
    preceding the decision deadline is scheduled for June 19, 1997.
    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 Agency to file the entire Agency record of the reimbursement requests within 14 days of
    notice of the petition.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the ______ day of ______________, 1997, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top