ILLINOIS POLLUTION CONTROL BOARD
August 22, 1991
KRONON MOTOR SALES, INC.,
)
)
Petitioner,
)
v.
)
PCB 91—138
(Underground Storage
ILLINOIS ENVIRONMENTAL
)
Tank Reimbursement)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD (by B. Forcade):
On August 14, 1991, Kronon Motor Sales, Inc. filed a petition
for review of an Underground Storage Tank Reimbursement
Determination. On August 21, 1991 Kronon filed an Amended Petition
for Review. This matter is accepted for hearing.
Hearing must be scheduled within 14 days of the date of this
Order and completed within 60 days of the date of this Order. The
hearing officer shall inform the Clerk of the Board of the time and
location of the hearing at least 40 days in advance of hearing so
that public notice of hearing may be published. After hearing, the
hearing officer shall submit an exhibit list, and all actual
exhibits to the Board within 5 days of the hearing. Any briefing
schedule shall provide for final filings as expeditiously as
possible and in no event later than 70 days from the date of this
Order.
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. This schedule will only
provide the Board a very short time period to deliberate and reach
a decision before the due date. The hearing officer and the
parties are encouraged to expedite this proceeding as much as
possible.
Within 10 days of accepting this case, the Hearing Officer
shall enter a Hearing Officer Scheduling Order governing completion
of the record. That Order shall set a date certain for each aspect
of the case including: briefing schedule, hearing date(s),
completion of discovery (if necessary) and pre—hearing conference
(if necessary). The Hearing Officer Scheduling Order may be
modified by entry of a complete new scheduling order conforming
with the time requirements below.
2
The hearing officer may extend this schedule only on a waiver
of the decision deadline by the petitioner and only for the
equivalent or fewer number of days that the decision deadline is
waived. Such waivers must be provided in writing to the Clerk of
the Board. Any waiver must be an “open waiver” or a waiver of
decision until a date certain.
Because of requirements regarding the publication of notice
of hearing, no scheduled hearing may be canceled unless the
petitioner provides an open waiver or a waiver to a date at least
120 days beyond the date of the motion to cancel hearing. This
should allow ample time for the Board to republish notice of
hearing and receive transcripts from the hearing before the due
date. Any order by the hearing officer granting cancellation of
hearing shall include a complete new scheduling order with a new
hearing date at least 40 days in the future and at least 30 days
prior to the new due date and the Clerk of the Board shall be
promptly informed of the new schedule.
Because this proceeding is the type for which the Illinois
Environmental Protection Act sets a very short statutory deadline
for making a decision, absent a waiver, the Board will grant
extensions or modifications only in unusual circumstances. Any
such motion must set forth an alternative schedule for notice,
hearing, and final submissions, as well as the deadline for
decision, including response time to such a motion. However, no
such motion shall negate the obligation of the hearing officer to
establish a Scheduling Order pursuant to the requirements of this
Order, and to adhere to that Order until modified.
This Order will not appear in the Board’s Opinion Volumes.
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
.~2’~’-~-dayof
_________________,
1991, by a vote of
7c~’
~27
Dorothy N. G n, Clerk
Illinois Pollution Control Board
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