ILLINOIS POLLUTION CONTROL BOARD
    February 6, 2003
     
    EAST SIDE SHELL,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-50
    (UST Fund)
      
     
    ORDER OF THE BOARD (by T. E. Johnson):
     
    On November 7, 2002, the Board, at the parties’ request, extended until January 28, 2003,
    the time period within which East Side Shell may appeal a September 25, 2002 determination of
    the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill.
    Adm. Code 105.406. On January 28, 2003, East Side Shell placed into the U.S. mail a petition
    asking the Board to review the Agency’s determination. The Board received the petition on
    January 30, 2003. Because the postmark date was on the final date of the extended appeal
    period, the petition was timely filed. 35 Ill. Adm. Code 101.300(b)(2).
     
    The Agency rejected the amended site classification work plan budget regarding a
    leaking underground storage tank site at 1202 East Main in West Frankfort, Fulton County. East
    Side Shell appeals on the grounds that the Agency’s decision was arbitrary and capricious. East
    Side Shell’s petition meets the content requirements of 35 Ill. Adm. Code 105.408. The Board
    accepts the petition for hearing.
     
    East Side Shell 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 East Side Shell may extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If the Board fails to
    take final action by the decision deadline, East Side Shell may deem its request granted.
    See
    415
    ILCS 5/40(a)(2) (2002). Currently, the decision deadline is May 30, 2002 (the 120th day after
    January 30, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the
    decision deadline is scheduled for May 15, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by March 3, 2003, the first business day after March 1, 2003, which is
    30 days after East Side Shell 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 6, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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