ILLINOIS POLLUTION CONTROL BOARD
June 5, 1997
MAYWOOD/PHILLIPS 66,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 97-169
(UST - Reimbursement)
ORDER OF THE BOARD (by C.A. Manning):
On March 31, 1997 the Illinois Environmental Protection Agency (Agency) and
Maywood/Phillips 66 (petitioner) filed a joint notice of extension of the 35-day appeal period
pursuant to Section 40 of the Environmental Protection Act (415 ILCS 5/40 (1994)
). The
Agency issued a final decision on March 3, 1997, accompanied by Attachment A which
contained the stated reasons for deductions. The final determination concerned the petitioner’s
site located at 409 North Ninth Street, Maywood, Cook County, Illinois. On
June 2, 1997
the
Board received the petitioner’s petition for review.
1
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. 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 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 30, 1997 (120 days from
June 2, 1997
). The Board meeting immediately
preceding the decision deadline is scheduled for September 18, 1997.
1
The certificate of service indicates that the petition was mailed May 30, 1997.
2
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.
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