ILLINOIS POLLUTION CONTROL BOARD
    November 4, 2004
     
    ROBERT AND TONY THOMPSON,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 05-72
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On October 20, 2004, Robert and Tony Thompson (Thompsons) filed a petition asking
    the Board to review a September 15, 2004 determination of the Illinois Environmental Protection
    Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.404. At issue is the
    Agency’s denial of the Thompson’s corrective action plan for their property containing leaking
    underground storage tanks at 4th and Jefferson, Cairo in Alexander County.
     
    The Thompsons appeal on the grounds that the corrective action activities are necessary,
    and that the Agency’s determination contains no additional information that could aid the
    Thompsons in setting forth further grounds for appeal. The Thompsons’ petition meets the
    content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
     
    The Thompsons have 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 the Thompsons may extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If the Board fails to
    take final action by the decision deadline, the Thompsons may deem its request granted.
    See
    415
    ILCS 5/40(a)(2) (2002). Currently, the decisi
    after October 20, 2004).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately
    before the decision deadline is scheduled for February 17, 2005.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by November 22, 2004, which is the first business day following 30
    days after the Thompsons 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 November 4, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top