ILLINOIS POLLUTION CONTROL BOARD
    April 15, 2004
     
    THREE SQUARE FEEDS,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-176
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On April 7, 2004, Three Square Feeds timely filed a petition asking the Board to review
    an April 5, 2004 determination of the Illinois Environmental Protection Agency (Agency).
    See
     
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.402. The Agency denied reimbursement of
    certain costs in petitioner’s request for reimbursement for Three Square Feeds’ leaking
    underground petroleum storage tank facility located at Route 267 South, Murrayville, Morgan
    County.
     
    Three Square Feeds appeals on the grounds that the costs submitted to the Agency were
    costs of corrective action, the costs were reasonable, and the costs are of the types that are
    eligible for reimbursement. Three Square Feeds’ petition meets the content requirements of 35
    Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
     
    Three Square Feeds 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 Three Square Feeds may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board
    fails to take final action by the decision deadline, Three Square Feeds 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 Three Square Feeds 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).
     
     
     
    2
    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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