ILLINOIS POLLUTION CONTROL BOARD
    May 20, 2004
    GLEN’S 66,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 04-198
    (UST Appeal)
    ORDER OF THE BOARD (by J.P. Novak):
    On May 11, 2004, Glen’s 66 timely filed a petition asking the Board to review an April 8,
    2004 determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2002); 35 Ill. Adm. Code 105.402. The Agency approved petitioner’s high priority
    corrective action plan, with modifications, for Glen’s 66’s leaking underground petroleum
    storage tank facility located at 209 West Main Street, Coffeen, Montgomery County.
    Glen’s 66 appeals on the grounds that it disagrees with the Agency modifications of the
    costs associated with its high priority corrective action plan. Glen’s 66’s petition meets the
    content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
    Glen’s 66 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) (2002)), which only Glen’s 66
    may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by
    the decision deadline, Glen’s 66 may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline is September 8, 2004 (the 120th day after May 11, 2004).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for September 2, 2004.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by June 10, 2004 which is 30 days after Glen’s 66 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).
    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 May 20, 2004, by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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