ILLINOIS POLLUTION CONTROL BOARD
June 6, 2002
ELSTON/WEBSTER, LP,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 02-210
(UST Appeal)
ORDER OF THE BOARD (by C.A. Manning):
On May 29, 2002, Elston/Webster, LP (Elston) timely filed a petition asking the Board
to review a May 2, 2002 determination of the Illinois Environmental Protection Agency
(Agency).
See
415 ILCS 5/40(a)(1) (2000); 35 Ill. Adm. Code 105.404.
The Agency modified the proposed budget for the site classification work plan
regarding an underground storage tank site at 2211 North Elston Avenue, Chicago, Cook
County. Elston appeals on the grounds that the modifications are contrary to applicable
statutory and regulatory provisions. Elston’s petition meets the content requirements of 35 Ill.
Adm. Code 105.408. The Board accepts the petition for hearing.
Elston 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) (2000)), which only Elston may
extend by waiver (
see
35 Ill. Adm. Code 101.308). If the Board fails to take final action by
the decision deadline, Elston may deem its request granted.
See
415 ILCS 5/40(a)(2) (2000).
Currently, the decision deadline is September 26, 2002 (the 120th day after May 29, 2002).
See
35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline
is scheduled for September 19, 2002.
Unless the Board or the hearing officer orders otherwise, the Agency must file the
entire record of its determination by June 29, which is 30 days after Elston 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.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on June 6, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board