ILLINOIS POLLUTION CONTROL BOARD
    June 6, 2002
     
    LOGAN JONES LTD. PARTNERSHIP,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-114
    (UST Appeal)
     
    ORDER OF THE BOARD (by C. A. Manning):
     
    On March 7, 2002, the Board, at the parties’ request, extended until May 21, 2002, the
    time period within which Logan Jones Ltd. Partnership (Logan) may appeal a January 14,
    2002 determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2000); 35 Ill. Adm. Code 105.406. On May 21, 2002, Logan filed a petition
    asking the Board to review the Agency’s determination.
     
    The Agency denied reimbursement of certain corrective action costs for leaking
    underground storage tank incident number 961913 located at 2558 North Jones Street,
    Chicago, Cook County. Logan appeals on the grounds that the Agency denied the claim by
    improper retroactive application of 35 Ill. Adm. Code 732.202(g). Logan’s petition meets the
    content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for
    hearing.
     
    Logan has the burden of proof. 35 Ill. Adm. Code 105.112(a). Hearings will be based
    exclusively on the record before the Agency at the time the Agency issued its determination.
    35 Ill. Adm. Code 105.412. Hearings will be scheduled and completed in a timely manner,
    consistent with the decision deadline (
    see
    415 ILCS 5/40(a)(2) (2000)), which only Logan may
    extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by
    the decision deadline, Logan may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2000).
    Currently, the decision deadline is September 18, 2002 (the 120th day after May 21, 2002).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline
    is scheduled for September 5, 2002.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the
    entire record of its determination by June 21, 2002, which is 30 days after Logan filed the
    petition. 35 Ill. Adm. Code 105.410(a). If the Agency wishes to seek additional time to file
    the record, it must file a request for extension before the date on which the record is due to be
     
    2
    filed. 35 Ill. Adm. Code 105.116. The record must comply with the content requirements of
    35 Ill. Adm. Code 105.410(b).
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on June 6, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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