ILLINOIS POLLUTION CONTROL BOARD
    September 18, 1997
    JAMES FISHER AND HOLLY FISHER,
    Petitioners,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 98-40
    (UST - Fund)
    PCB 98-41
    (UST - Fund)
    (Consolidated)
    ORDER OF THE BOARD (by C.A. Manning):
    On
    September 15, 1997
    , James Fisher and Holly Fisher (petitioners) filed two petitions for
    review of two Illinois Environmental Protection Agency (Agency) final reimbursement
    determinations from the Underground Storage Tank Fund. The petitions were assigned docket
    numbers PCB 98-40 and PCB 98-41. The Agency issued the final reimbursement decisions on
    July 23, 1997, accompanied by Attachment A which contains the stated reasons for
    deductions. The final determinations concern petitioners’ site located at 723 Main Street,
    Carlinville
    ,
    Macoupin County, Illinois. As each of these appeals involve the same incident
    and site, the Board on its own motion consolidates these cases. 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
    deadline. Absent any future waivers of the decision deadline, the statutory decision deadline is
    now January 13, 1998 (120 days from September 15, 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 the reimbursement applications 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 18
    th
    day of September 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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