ILLINOIS POLLUTION CONTROL BOARD
    June 17, 2004
     
    HORTENSE SINGER,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-149
    (UST Appeal)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On March 18, 2004, the Board, at the parties’ request, extended until June 1, 2004, the
    time period within which Hortense Singer (Sin
    of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35
    Ill. Adm. Code 105.406. On June 1, 2004, Singer filed a petition asking the Board to review the
    Agency’s determination. The Agency denied por
    tions of petitioner’s request for reimbursement
    of corrective action costs for Singer’s leaki
    ng underground petroleum storage tank facility
    located at 3 South 338 Route
    59, Warrenville, DuPage County.
     
    Singer appeals on the grounds that the costs cl
    aimed were reasonable
    and consistent with
    corrective action at the s
    ite and the Agency’s position that only
    receipts can constitute supporting
    documentation is arbitrary, capricious, and withou
    t statutory authority.
    Singer’s petition meets
    the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for
    hearing.
     
    Singer has the burden of proof. 35 Ill. Ad
    m. 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 sc
    heduled and completed in a timely manner,
    consistent with th
    e decision deadline (
    see
    415 ILCS 5/40(a)(2) (2002)), which only Singer may
    extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Bo
    ard fails to take final action by the
    decision deadline, Singer may
    deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadlin
    e is September 29, 2004 (the 120th day after June 1, 2004).
    See
     
    35 Ill. Adm. Code 105.114. The Board meeting im
    mediately before the decision deadline is
    scheduled for September 16, 2004.
     
    Unless the Board or the hearing officer orders
    30 days after Singer filed the petition. 35 Ill.
    to file the record, it must
    is due to be filed. 35 Ill. Adm.
    content requirements of 35 Ill. Adm. Code
     
    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 June 17, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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