ILLINOIS POLLUTION CONTROL BOARD
    February 17, 2005
    MCLEAN COUNTY ASPHALT,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 05-154
    (UST Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On February 14, 2005, McLean County Asphalt timely filed a petition asking the Board
    to review a January 6, 2005 determination of the Illinois Environmental Protection Agency
    (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.402. Because the postmark
    date of the petition is within the time for filing, the petition was timely filed. 35 Ill. Adm. Code
    101.300(b)(2), 105.404. The Agency rejected the site classification work plan budget for
    McLean County Asphalt’s leaking underground petroleum storage tank facility located at 1100
    West Market Street, Bloomington, McLean County.
    McLean County Asphalt appeals on the grounds that the Agency’s adjustments and
    failure to specify which tasks and costs it deems to be unreasonable are arbitrary and
    unreasonable, and that the January 6, 2005 determination is the “true final action” timely
    appealed here. McLean County Asphalt’s petition meets the content requirements of 35 Ill.
    Adm. Code 105.408. The Board accepts the petition for hearing.
    McLean County Asphalt 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 McLean County Asphalt may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If
    the Board fails to take final action by the decision deadline, McLean County Asphalt may deem
    its request granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is June 14,
    2005 (the 120th day after February 14, 2005).
    See
    35 Ill. Adm. Code 105.114. The Board
    meeting immediately before the decision deadline is scheduled for June 2, 2005.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by March 16, 2005, which is 30 days after McLean County Asphalt
    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 February 17, 2005, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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