ILLINOIS POLLUTION CONTROL BOARD
    May 7, 1998
    ILLINOIS STATE TOLL
    HIGHWAY AUTHORITY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 98-115
    (UST - Appeal)
    ORDER OF THE BOARD (by C.A. Manning):
    On March 10, 1998, the Illinois Environmental Protection Agency (Agency) and the
    Illinois State Toll Highway Authority (petitioner) filed a request for extension of the 35-day
    appeal period pursuant to Section 40 of the Environmental Protection Act (415 ILCS
    5/40(a)(1) (1996)), relating to a January 27, 1998, Agency determination. On April 24, 1998,
    petitioner filed a petition for review of an Agency final reimbursement determination from the
    Underground Storage Tank Fund. The final determination concerns petitioner’s site
    commonly known as the Belvidere-South-Oasis located on Interstate 90, Belvidere, Boone
    County, Illinois. The petition for review was accompanied by a waiver of the decision
    deadline until September 30, 1998. (Petitioner may file a waiver of the statutory decision
    deadline pursuant to 35 Ill. Adm. Code 101.105.) 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. 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
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    now September 30, 1998; the Board meeting immediately preceding the decision deadline is
    scheduled for September 17, 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
    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 its review of the Site Classification Work Plan
    and Budget 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 7th day of May 1998 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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