ILLINOIS POLLUTION CONTROL BOARD
    February 3, 2005
     
    A & R, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 05-128
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On January 19, 2005, A & R, Inc. (A & R) filed a petition asking the Board to review a
    December 27, 2004 determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.404. At issue is the Agency’s reduction
    of personnel costs within the amended high priority corrective action modification of Keller’s
    high priority corrective action plan and budget for A & R’s leaking underground petroleum
    storage tanks at 6229 West Ogden Avenue, Cook County.
     
    A & R appeals on the grounds that the Agency’s decision to reduce overall personal costs
    by an amount corresponding to the reduction of the total cubic yards of soil for excavation,
    removal and disposal was arbitrary and capricious. A & R’s petition meets the content
    requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
     
    A & R 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 A & R may
    extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If the Board fails to take final action by the
    decision deadline, A & R may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline is May 19, 2005 (the 120th day after January 19, 2005).
    See
    35
    Ill. Adm. Code 105.114. A Board meeting is scheduled for May 19, 2005.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by February 18, 2005, which is 30 days after A & R 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.
     
     
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 3, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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