ILLINOIS POLLUTION CONTROL BOARD
April 18, 2002
REZMAR CORPORATION,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 02-91
(UST Appeal)
ORDER OF THE BOARD (by C.A. Manning):
On January 10, 2002, the Board, at the parties’ request, extended until April 8, 2002
the time period within which Rezmar Corporation (Rezmar) may appeal a December 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 April 8, 2002, Rezmar filed a petition
asking the Board to review the Agency’s determination.
The Agency denied certain corrective action costs regarding an underground storage
tank located at 850 North Ogden Avenue, Chicago, Cook County. Rezmar appeals on the
grounds, among others, that it fulfilled statutory and regulatory requirements, and certain
corrective action costs were erroneously deducted. Rezmar’s petition meets the content
requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
Rezmar 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 Rezmar may extend by waiver (
see
35 Ill. Adm. Code 101.308). If the Board fails to
take final action by the decision deadline, Rezmar may deem its request granted.
See
415
ILCS 5/40(a)(2) (2000). Currently, the decision deadline is August 6, 2002 (the 120th day
after April 8, 2002).
See
35 Ill. Adm. Code 105.114. The Board meeting immediately before
the decision deadline is scheduled for July 25, 2002.
Unless the Board or the hearing officer orders otherwise, the Agency must file the
entire record of its determination within 30 days after Rezmar 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).
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IT IS SO ORDERED.
Board Member N.J. Melas abstained.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on April 18, 2002, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board