ILLINOIS POLLUTION CONTROL BOARD
    June 6, 2002
    REZMAR CORPORATION,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 02-116
    (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 Rezmar Corporation (Rezmar) may appeal a January 16, 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, Rezmar 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 991077 located at 850 North Ogden Avenue,
    Chicago, Cook County. Rezmar appeals on the grounds that its early action activities fulfilled
    the requirements of 35 Ill. Adm. Code 732.202 and 732.203, and that the Agency erroneously
    denied reimbursement for these activities. Rezmar’s petition meets the content requirements of
    35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
    Rezmar 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 Rezmar may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to
    take final action by the decision deadline, Rezmar 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 Rezmar 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
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    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 June 6, 2002, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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