ILLINOIS POLLUTION CONTROL BOARD
March 7, 2002
E & L TRUCKING COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 02-53
(UST Appeal)
ORDER OF THE BOARD (by C.A. Manning):
On November 15, 2001, the Board, at the parties’ request, extended until February 4,
2002, the time period within which E & L Trucking Company (E & L) may appeal an
October 2, 2001 determination of the Illinois Environmental Protection Agency (Agency).
See
415 ILCS 5/40(a)(1) (2000); 35 Ill. Adm. Code 105.406. On February 4, 2002, E & L filed a
petition asking the Board to review the Agency’s determination.
The Agency partially denied, for a variety of stated reasons, E & L’s application for
reimbursement regarding underground storage tanks located at 12525 Hamlin Court in Alsip,
Cook County. E & L appeals on the grounds, among others, that it filed all necessary reports
pertaining to the leak, and that the Agency did not clearly object to the early action activities
performed. E & L’s petition meets the content requirements of 35 Ill. Adm. Code 105.408. The
Board accepts the petition for hearing.
E & L 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) (2000)), which only E & L may
extend by waiver (
see
35 Ill. Adm. Code 101.308). If the Board fails to take final action by the
decision deadline, E & L may deem its request granted.
See
415 ILCS 5/40(a)(2) (2000).
Currently, the decision deadline is June 4, 2002 (the 120th day after February 4, 2002).
See
35
Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
scheduled for May 16, 2002.
Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
record of its determination within 30 days after E & L filed the petition. 35 Ill. Adm. Code
105.410(a). For the reasons stated in companion docket PCB 02-101, the record will include any
information produced during the 90-day extension period granted November 15, 2001 which
resulted in the January 4, 2002 Agency modification of the October 2, 2001 decision. E & L
Trucking Company v. IEPA, PCB 02-101 (Mar. 7, 2002). If the Agency requires additional time
to file the record, it must file a request for extension before the date on which the record is due to
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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 March 7, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board