ILLINOIS POLLUTION CONTROL BOARD
December 18, 1997
RESURRECTION MEDICAL CENTER,
an Illinois corporation,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 98-82
(UST - Reimbursement)
ORDER OF THE BOARD (by C.A. Manning):
On December 10, 1997, Resurrection Medical Center, an Illinois corporation
(petitioner),
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 November 5, 1997, accompanied by
Attachment A, which contain the stated reasons for deductions. The final determination
concerns
petitioner
’s site located at 7435 West Talcott Avenue, Chicago, 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. (Petitioner 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 April 9, 1998 (120 days from December 10, 1997); the Board meeting immediately
preceding the decision deadline is scheduled for April 2, 1998.
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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 18th day of December 1997, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board