ILLINOIS POLLUTION CONTROL BOARD
    September 4, 1997
    FEDERAL STREET CONSTRUCTION
    COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 98-11
    (UST - Appeal)
    ORDER OF THE BOARD (by C.A. Manning):
    On July 8, 1997, Federal Street Construction Company (petitioner) filed a request for
    extension of the 35-day appeal period pursuant to Section 40(a)(1) of the Environmental
    Protection Act (415 ILCS 5/40(a)(1) (1996)), relating to a June 3, 1997 Illinois Environmental
    Protection Agency (Agency) determination. On July 9, 1997, the Agency filed its concurrence
    and a joint request for extension of the 35-day appeal period. The Agency requested the
    extension “to September 1, 1997, or any other date not more than a total of 90 days from the date
    of the Agency's final determination.”
    On
    September 2, 1997
    , the Board received
    petitioner
    ’s
    petition for review.
    1
    The final determination concerns
    petitioner
    ’s
     
    site located at 655 Seegers
    Road, Des Plaines
    ,
    Cook County, Illinois. 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. (Petitioners 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 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 actual 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
    1
    September 1, 1997 was a State holiday.
    2
    deadline. Absent any future waivers of the decision deadline, the statutory decision deadline is
    now January 1, 1998 (120 days from September 2, 1997); the Board meeting immediately
    preceding the decision deadline is scheduled for December 18, 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 its review of the Corrective Action Completion
    Report 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 4
    th
    day of September 1997, by a vote of 7-0.
    2
    Because January 1, 1998 is a State holiday the statutory decision deadline date will be the
    next business day, January 2, 1998.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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