ILLINOIS POLLUTION CONTROL BOARD
    July 8, 1998
    JACK DONELSON SALES COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 98-118
    (UST - Appeal)
    ORDER OF THE BOARD (by J. Yi):
    On March 17, 1998, the Illinois Environmental Protection Agency (Agency) and Jack
    Donelson Sales Company (Donelson) filed a request for extension of the 35-day appeal period
    pursuant to Section 40 of the Environmental Protection Act (Act) (415 ILCS 5/40(a)(1)
    (1996)), relating to a February 9, 1998, Agency determination. The final determination
    concerns Donelson’s facility located at 3050 Central Avenue, Waukegan, Lake County,
    Illinois.
    On May 13, 1998, Donelson filed a petition for review. On May 21, 1998, the Board
    issued an order granting Donelson 30 days in which to retain an attorney and for that attorney
    to file an amended petition. The Board noted that if an amended petition and attorney's
    appearance is not filed on or before June 20, 1998, the matter would be dismissed. On June
    18, 1998, Donelson filed an amended petition for review complying with the Board order of
    May 13, 1998. 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.
    2
    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 October 16, 1998 (120 days from June 18, 1998); the Board meeting immediately
    preceding the decision deadline is scheduled for October 15, 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 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 July 1998 by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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