ILLINOIS POLLUTION CONTROL BOARD
    April 3, 2003
     
    DEAN SCHNEIDEWIND,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-93
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On January 9, 2003, the Board, at the parties’ request, extended until March 27, 2003, the
    time period within which Dean Schneidewind (Schneidewind) may appeal a November 22, 2002
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2002); 35 Ill. Adm. Code 105.208(a). On March 27, 2003, Schneidewind filed a
    petition asking the Board to review the Agency’s determination. The Agency approved
    Schneidewind’s corrective action costs with modifications regarding his leaking underground
    petroleum storage facility located at 425 North Main Street, in Marissa, St. Clair County.
    Schneidewind appeals on the grounds that the Agency adjustment was without technical
    justification and was arbitrary and capricious. Schneidewind’s petition meets the content
    requirements of 35 Ill. Adm. Code 105.210. The Board accepts the petition for hearing.
     
    Schneidewind has the burden of proof. 415 ILCS 5/40(a)(1) (2000);
    see also
    35 Ill. Adm.
    Code 105.112(a). Hearings will be based exclusively on the record before the Agency at the
    time the decision was issued. 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 Schneidewind may extend by waiver. S
    ee
    35 Ill. Adm. Code 101.308. If
    the Board fails to take final action by the decision deadline, Schneidewind “may deem the permit
    issued.” 415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is July 25, 2003 (the
    120th day after March 27, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting
    immediately before the decision deadline is scheduled for July 24, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by April 26, 2003, which is the first business day following the 30th
     
    day after Schneidewind 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 April 3, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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