ILLINOIS POLLUTION CONTROL BOARD
    June 19, 2003
     
    SWEARINGIN AMOCO (10-1-1996 to
    2-28-1997; 5-1-1997 to 3-31-1997; 10-1-1007
    to 10-31-1998; and 3-1-1995 to 5-31-1997,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-156
    PCB 03-157
    PCB 03-158
    (UST Appeal)
    (Consolidated)
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On April 3, 2003, the Board, at the parties’ request and by three separate orders, extended
    until June 16, 2003, the time period within which Swearingin Amoco (Swearingin) may appeal
    three February 10, 2003 determinations of the Illinois Environmental Protection Agency
    (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.406.
     
    At issue is the Agency’s granted reimbursement of corrective action costs, with
    modifications, regarding Swearingin’s underground storage tank site located at 503 South State
    Street, Jerseyville, Jersey County. The costs were incurred for four separate periods: October 1,
    1996 to February 28, 1997 for PCB 03-156; May 1, 1997 to March 31, 1998 for PCB 03-157;
    and October 1, 1997 to October 31, 1998 and March 1, 1995 to May 31, 1997 for PCB 03-158.
     
    On June 16, 2003, Swearingin filed three petitions asking the Board to review the
    Agency’s determination. On June 16, 2003, Swearingin filed a motion to consolidate the three
    petitions.
     
    Swearingin appeals on the grounds that the costs submitted to the Agency were
    reasonable and were the types of costs that are eligible for reimbursement under the Act.
    Swearingin’s petition meets the content requirements of 35 Ill. Adm. Code 105.408. The Board
    accepts the petition for hearing. The Board further grants consolidation of the three dockets for
    purposes of hearing.
     
    Swearingin 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 Swearingin may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to
    take final action by the decision deadline, Swearingin may deem its request granted.
    See
    415
    ILCS 5/40(a)(2) (2002). Currently, the decision deadline is October 14, 2003 (the 120th day
     
    2
    after June 16, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before
    the decision deadline is scheduled for October 7, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by July 16, 2003, which is 30 days after Swearingin 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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on June 19, 2003, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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