ILLINOIS POLLUTION CONTROL BOARD
    January 8, 1998
    FRANKLIN C.U.S.D. #1,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 98-96
    (UST - Appeal)
    ORDER OF THE BOARD (by R.C. Flemal):
    On January 2, 1998, Franklin C.U.S.D. # 1
    (petitioner),
    filed a petition for review of an
    Illinois Environmental Protection Agency (Agency) final determination from the Underground
    Storage Tank Fund. The Agency issued a final reimbursement decision on November 26,
    1997, accompanied by Attachment A, which contain the stated reasons for deductions. The
    final determination concerns
    petitioner
    ’s site located in Morgan 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 May 2, 1998 (120 days from January 2, 1998); the Board meeting immediately preceding
    the decision deadline is scheduled for April 16, 1998.
    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
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    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 8th day of January 1998, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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