ILLINOIS POLLUTION CONTROL BOARD
    January 24, 2002
    ESTATE OF EDMUND F. RADKIEWICZ
    (LPC# 0434675346; IEMA# 20002255),
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 02-96
    (UST Appeal)
    ORDER OF THE BOARD (by C.A. Manning):
    On January 17, 2002, the Estate of Edmund F. Radkiewicz (Radkiewicz) timely filed a
    petition asking the Board to review a December 14, 2001 determination of the Illinois
    Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2000); 35 Ill. Adm. Code
    105.404.
    The Agency denied Radkiewicz’s amended high priority corrective action budget
    regarding an underground storage tank site at 31W 175 Butterfield Road in Naperville, DuPage
    County. Radkiewicz appeals on the grounds that the budget was timely submitted, and was
    approvable. Radkiewicz’s petition meets the content requirements of 35 Ill. Adm. Code 105.408.
    The Board accepts the petition for hearing.
    Radkiewicz 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 Radkiewicz may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to
    take final action by the decision deadline, Radkiewicz may deem its request granted.
    See
    415
    ILCS 5/40(a)(2) (2000). Currently, the decision deadline is May 17, 2002 (the 120th day after
    January 17, 2002).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the
    decision deadline is scheduled for May 16, 2002.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination within 30 days after Radkiewicz 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).
    IT IS SO ORDERED.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 24, 2002, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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