ILLINOIS POLLUTION CONTROL BOARD
    February 19, 2009
    BAILEY ENTERPRISES, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 09-57
    (Permit Appeal – LUST)
    ORDER OF THE BOARD (by G.T. Girard):
    On February 10, 2009, Bailey Enterprises, Inc. timely filed a petition asking the Board to
    review a January 7, 2009, determination of the Illinois Environmental Protection Agency
    (Agency) (see 415 ILCS 5/40(a)(1) (2006); 35 Ill. Adm. Code 105.404 (2006)), denying
    petitioner’s request for reimbursement from the Undergroud Storage Tank Fund. Petitioner
    seeks reimbursement for a site located at 105 N. 4th Street, Albion, Edwards County. The site
    and incident are known to the Agency as LPC #0470055030, and Incident #20080640 – 55145.
    Petitioner appeals on the grounds that the Agency’s decision was lacking in statutory or
    regulatory authority, and is arbitrary. The petition meets the requirements of 35 Ill. Adm. Code
    105.408. The Board accepts the petition for hearing.
    Petitioner has the burden of proof. 35 Ill. Adm. Code 105.112(a) (2006). Hearings will
    be based exclusively on the record before the Agency at the time the Agency issued the
    determination. 35 Ill. Adm. Code 105.412 (2006). Hearings will be scheduled in a timely
    manner, consistent with the decision deadline (
    see
    415 ILCS 5/40(a)(2) (2006)), which only
    petitioner may extend by waiver (
    see
    35 Ill. Adm. Code 101.308 (2006)). If the Board fails to take
    final action by the decision deadline, petitioner may deem the request granted. (
    See
    415 ILCS
    5/40(a)(2) (2006)).
    Currently, the decision deadline is June 10, 2009, which is the 120th day after
    February 10, 2009.
    See
    35 Ill. Adm. Code 105.114 (2006). The Board meeting immediately
    before the decision deadline is June 4, 2009.
    Unless the Board or hearing officer orders otherwise, the Agency must file the entire
    record by March 12, 2009, which is the first business day after the 30th day after petitioner filed
    the petition. 35 Ill. Adm. Code 105.410(a) (2006). If the Agency wishes to seek additional time
    to file the record, it must file a request for extension before the day on which the record is due to
    be filed. 35 Ill. Adm. Code 105.116 (2006). The record must comply with the content
    requirements of 35 Ill. Adm. Code 105.410(b).
    IT IS SO ORDERED.
    I, John Therriault, Assistant Cleark of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on February 19, 2009, by a vote of 5-0.
    _____________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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