ILLINOIS POLLUTION CONTROL BOARD
    September 7, 2006
    FEDEX GROUND PACKAGE SYSTEM,
    INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-12
    (UST Appeal)
    ORDER OF THE BOARD (by A.S. Moore):
    On August 21, 2006, Fedex Ground Package System, Inc. (Fedex) timely filed a petition
    asking the Board to review a July 17, 2006 determination of the Illinois Environmental
    Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2004); 35 Ill. Adm. Code 105.404. The
    Agency rejected a proposed amended budget regarding an underground storage tank site at 6767
    West 75th Street, Bedford Park, Cook County. Fedex appeals on the grounds that the Board
    regulations cited by the Agency as its basis for rejecting its amended budget do not apply and
    that the Agency’s interpretation is contrary to the Board’s regulations read in their entirety and to
    their statutory basis in the Environmental Protection Act (415 ILCS 5/1
    et seq
    . (2004)). Fedex’s
    petition meets the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the
    petition for hearing. The Board notes the Agency filed a motion for summary judgment on
    September 1, 2006, and reserves ruling on that motion.
    Fedex 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) (2004)), which only Fedex may
    extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the
    decision deadline, Fedex may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2004).
    Currently, the decision deadline is December 19, 2006, the 120th day after August 21, 2006.
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for December 7, 2006.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by Wednesday, September 20, 2006, which is 30 days after Fedex
    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 filed. 35 Ill. Adm. Code 105.116. The record must comply with the content requirements of
    35 Ill. Adm. Code 105.410(b). The Board notes that the Agency filed the administrative record
    on September 1, 2006.
    2
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on September 7, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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