ILLINOIS POLLUTION CONTROL BOARD
    April 15, 2004
     
    ILLINOIS STATE TOLL HIGHWAY
    AUTHORITY (Des Plaines South),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-119
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On January 22, 2004, the Board, at the parties’ request, extended until April 7, 2004, the
    time period within which Illinois State Toll Highway Authority may appeal a December 4, 2003
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2002); 35 Ill. Adm. Code 105.406. On April 7, 2004, Illinois State Toll Highway
    Authority filed a petition asking the Board to review the Agency’s determination. The Agency
    rejected petitioner’s high priority corrective action plan for Illinois State Toll Highway
    Authority’s leaking underground petroleum storage tank facility located at Northwest Tollway
    (I-90), eastbound at mile post 4.5, Des Plaines, Cook County.
     
    Illinois State Toll Highway Authority appeals on the grounds that the high priority
    corrective action completion report was completed and complied with applicable requirements,
    and the site has been remediated to a level that protects human health and the environment and
    does not exceed applicable requir
    ements. Illinois State Toll Highway Authority’s petition meets
    the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for
    hearing.
     
    Illinois State Toll Highway Authority 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 Illinois State Toll Highway Authority may extend by waiver (
    see
    35 Ill.
    Adm. Code 101.308). If the Board fails to take final action by the decision deadline, Illinois
    State Toll Highway Authority may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline is August 5, 2004 (the 120th day after April 7, 2004).
    See
    35 Ill.
    Adm. Code 105.114. The Board meeting immediately before the decision deadline is scheduled
    for August 5, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by May 7, 2004, which is 30 days after Illinois State Toll Highway
     
    2
    Authority 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 April 15, 2004, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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