ILLINOIS POLLUTION CONTROL BOARD
    May 1, 2003
     
    VILLAGE OF KARNAK
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-114
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On February 6, 2003, at the parties’ request, the Board extended until April 23, 2003, the
    time period for Village of Karnak ( Karnak) to appeal a December 19, 2003 determination of the
    Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill.
    Adm. Code 101.300(b), 105.402, 105.406. On April 29, 2003, Karnak filed a petition asking
    the Board to review the Agency’s determination.
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm.
    Code 105.402, 105.406. Because the postmark date of the petition is within the extended time
    for filing, the petition was timely filed. 35 Ill. Adm. Code 101.300(b)(2), 105.404.
     
    At issue is the Agency approval of the site classification completion report, with
    modifications, regarding Karnak’s Underground Storage Tank (UST) site at 308 Washington
    Street, Karnak, Pulaski County. The Agency excluded certain costs for investigation, analysis,
    personnel, and handling charges. Karnak appeals on the grounds that the Agency erred in
    limiting Karnak’s costs that may be reimbursed from the State UST Fund. Petition at 2-3.
    Karnak claims that the costs were reasonable and necessary for the work to be performed.
    Petition at 2-3. Karnak’s petition meets the content requirements of 35 Ill. Adm. Code 105.408.
    The Board accepts the petition for hearing.
     
    Karnak has the burden of proof. 415 ILCS 5/40(a)(1) (2002);
    see also
    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 Karnak may extend by waiver. S
    ee
    35 Ill. Adm. Code 101.308. If the
    Board fails to take final action by the decision deadline, Karnak may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is August 27, 2003 (the 120th
    day after the April 29 receipt of Karnak’s petition).
    See
    35 Ill. Adm. Code 105.114. The Board
    meeting immediately before the decision deadline is scheduled for August 21, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by May 29, 2003, which is 30 days after the Board received the
    petition. 35 Ill. Adm. Code 105.410(a), 105.116. If the Agency wishes to seek additional time to
     
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    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 105.410(a), 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 May 1, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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