ILLINOIS POLLUTION CONTROL BOARD
    April
    9,
    1992
    MARTIN OIL MARKETING,
    )
    #64/Chicago 3554 W. North Ave.
    )
    LUST Incident No. 903190
    )
    LPC #0316225026
    ——
    Cook County,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 92—53
    )
    (Underground Storage
    ILLINOIS ENVIRONMENTAL
    )
    Tank Reimbursement)
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by B. Forcade):
    On April 8,
    1992, Martin Oil Marketing filed a petition for
    review of an Underground Storage Tank Reimbursement
    Determination.
    This matter is accepted for hearing.
    A review of the correspondence filed to date in this matter
    indicates there may be some confusion as to the nature of a
    proceeding of this type before the Board.
    In proceedings before
    the Board, the burden is upon the petitioner to establish at a
    formal hearing, by oral testimony under oath or by properly
    submitted written documents,
    that the disputed costs should be
    paid under the terms of the Environmental Protection Act, and
    applicable regulations.
    Petitioner must present facts and
    arguments as to why those costs should be paid in order to
    prevail.
    The
    initial burden at hearing to explain why the costs
    were not paid is not upon the Agency.
    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
    2
    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.
    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.
    3
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board
    hereby certify that the above order was adopted on the
    _____
    day of
    ___________________,
    1992, by a vote of
    7~()
    ~orothy M. 4inn, Cl~rk
    Illinois Póilution Control Board

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