ILLINOIS POLLUTION CONTROL BOARD
    September 18, 1997
    TRI STAR MARKETING, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 97-199
    (Water Well Setback Exception)
    ORDER OF THE BOARD (by R.C. Flemal):
    On August 14, 1997 Tri Star Marketing, Inc. (Tri Star) filed an amended petition for
    water well setback exception as required by the Board’s July 10, 1997 order. On September
    2, 1997 the Illinois Environmental Protection Agency (Agency) filed a response to the
    amended petition. On September 8, 1997 Tri Star filed a motion for leave to file amended and
    restated affidavit of Jon D. Stewart and waiver of hearing. The Board grants the motion to file
    the affidavit. However, the Board cannot accept Tri Star’s waiver of hearing. As required by
    35 Ill. Adm. Code 106.604(a), the Board must hold at least one public hearing prior to
    granting a water well setback exception. This matter is accepted for hearing.
    The hearing must be scheduled and completed in a timely manner. 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 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.
    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.
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    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 18
    th
    day of September 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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