ILLINOIS POLLUTION CONTROL BOARD
    August 8, 2002
     
    MARK IV REALTY, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-190
    (UST Appeal)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On May 2, 2002, the Board, at the parties’ request, extended until July 22, 2002, the
    time period within which Mark IV Realty, Inc. (Mark) may appeal a March 14, 2002
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2000)
    amended
    by P.A. 92-0574, eff. June 26, 2002; 35 Ill. Adm. Code 105.406.
    On July 19, 2002, Mark filed a petition asking the Board to review the Agency’s
    determination.
     
    The Agency rejected the corrective action completion report regarding a leaking
    underground storage tank site at 1711 West Fullerton Avenue, Chicago, Cook County. Mark
    appeals on the grounds that the Agency’s reasons for rejection are insufficient, and are not
    supported by the record. Mark’s petition meets the content requirements of 35 Ill. Adm. Code
    105.408. The Board accepts the petition for hearing.
     
    Mark 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)
    amended
    by P.A. 92-
    0574, eff. June 26, 2002), which only Mark may extend by waiver (
    see
    35 Ill. Adm. Code
    101.308). If the Board fails to take final action by the decision deadline, Mark may deem its
    request granted.
    See
    415 ILCS 5/40(a)(2) (2000)
    amended by
    P.A. 92-0574, eff. June 26,
    2002. Currently, the decision deadline is November 16, 2002 (the 120th day after July 19,
    2002).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision
    deadline is scheduled for November 7, 2002.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the
    entire record of its determination by August 19, 2002. 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
     
    2
    before the date on which the record is due to be 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.
     
    Board Member N.J. Melas abstained.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on August 8, 2002, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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