ILLINOIS POLLUTION CONTROL BOARD
    June 5, 1997
    SWEARINGIN SERVICES, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 97-204
    (UST - Reimbursement)
    ORDER OF THE BOARD (by R.C. Flemal):
    On May 15, 1997
    Swearingin Services, Inc. (Swearingin)
    filed a petition for review of
    an Illinois Environmental Protection Agency (Agency) final reimbursement determination from
    the Underground Storage Tank Fund. The Agency issued a final reimbursement decision on
    April 8, 1997, accompanied by Attachment A which contains the stated reasons for
    deductions. The final determination concerns
    Swearingin
    ’s site located at 503 South State,
    Jerseyville, Jersey County, Illinois. This matter is accepted for hearing.
    The assigned hearing officer shall inform the Clerk of the Board of the time and
    location of the hearing at least 30 days in advance of hearing so that a 21-day 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 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. Absent any future waivers of the decision deadline, the statutory decision deadline is
    now September 12, 1997 (120 days from May 15, 1997). The Board meeting immediately
    preceding the decision deadline is scheduled for September 4, 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 application within 14 days of
    notice of the petition.
    IT IS SO ORDERED.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 5th day of June 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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