ILLINOIS POLLUTION CONTROL BOARD
    January 9, 2003
     
    NEWTON COMMUNITY HIGH SCHOOL,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-41
    (UST Fund)
     
    ORDER OF THE BOARD (by T. E. Johnson):
     
    The Board accepts for hearing Newton Community High School’s (Newton) timely filed
    petition appealing the Environmental Protection Agency’s (Agency) decision. The Agency
    modified the proposed budget for the amended site classification work plan regarding an
    underground storage tank site at 201 West End Avenue in Newton, Jasper County. Newton
    appeals on the grounds that modification of the proposed budget was arbitrary and capricious.
    Newton’s petition meets the content requirements of 35 Ill. Adm. Code 105.408.
     
    On October 17, 2002, the Board, at the parties’ request, extended until January 2, 2003,
    the time period within which Newton may appeal an August 30, 2002 determination of the
    Agency.
    See
    415 ILCS 5/40(a)(1) (2000),
    amended by
    P.A. 92-0574, eff. June 26, 2002; 35 Ill.
    Adm. Code 105.406. On December 31, 2002, Newton 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 6, 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).
     
    Newton 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),
    amended by
    P.A. 92-
    0574, eff. June 26, 2002), which only Newton may extend by waiver (
    see
    35 Ill. Adm. Code
    101.308). If the Board fails to take final action by the decision deadline, Newton may deem its
    request granted.
    See
    415 ILCS 5/40(a)(2) (2000),
    amended by
    P.A. 92-0574, eff. June 26, 2002.
    Currently, the decision deadline is May 3, 2003 (the 120th day after January 6, 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 5, 2003, which is 30 days after Newton 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.
     
    2
    Adm. Code 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 January 9, 2003, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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