ILLINOIS POLLUTION CONTROL BOARD
    January 8, 2004
     
    SIMPSON AUTO SERVICE,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 04-99
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On December 22, 2003, Simpson Auto Service (Simpson) filed a petition asking the
    Board to review a November 13, 2003 final decision of the Illinois Environmental Protection
    Agency (Agency). Because the postmark date of the petition is within 35 days after the date of
    service of the Agency’s final decision, the petition was timely filed. 35 Ill. Adm. Code
    101.300(b)(2), 105.404. At issue is the Agency’s approval of a high priority corrective action
    plan and budget, with modifications, regarding Simpson’s UST site at 600 Berkshire, East Alton,
    Madison County. Simpson appeals on the grounds that the Agency determination was arbitrary
    and capricious. Simpson’s petition meets the content requirements of 35 Ill. Adm. Code
    105.408. The Board accepts the petition for hearing.
     
    Simpson 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 Simpson may
    extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If the Board fails to take final action by the
    decision deadline, Simpson may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline is April 20, 2004 (the 120th day after December 22, 2003).
    See
     
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for April 15, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by January 22, 2004, which is 30 days after Simpson 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.
     
     
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 8, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top