ILLINOIS POLLUTION CONTROL BOARD
    January 23, 2003
     
    D & R SERVICE,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-36
    (UST Fund)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On October 3, 2002, the Board, at the parties’ request, extended until January 8, 2003, the
    time period within which D & R Service (D&R) may appeal a September 5, 2002 determination
    of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002), 35
    Ill. Adm. Code 105.406. On January 8, 2003, D&R sent its petition by certified mail to the
    Board asking the Board to review the Agency’s determination; the Board received the petition on
    January 13, 2003. Because the postmark date precedes the filing deadline date, the petition is
    deemed timely filed on the postmark date. 35 Ill. Adm. Code 101.300(b)(2).
     
    The Agency approved a modified Site Classification Work Plan Budget (budget)
    regarding an underground storage tank site at 1190 S. Main St. in Red Bud, Randolph County.
    D&R appeals on the grounds that the Agency’s modification to the budget was arbitrary and
    capricious. D&R’s petition meets the content requirements of 35 Ill. Adm. Code 105.408. The
    Board accepts the petition for hearing.
     
    D&R 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 D&R may
    extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the
    decision deadline, D&R may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline is May 13, 2003 (the 120th day after January 13, 2003).
    See
    35
    Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for May 1, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by February 12, 2003, which is 30 days after D&R 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 January 23, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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