ILLINOIS POLLUTION CONTROL BOARD
    October 18, 2001
    PACELLA & SONS,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 02-47
    (UST Fund)
    ORDER OF THE BOARD (by C.A.Manning):
    On October 12, 2001, Pacella & Sons (Pacella) timely filed a petition asking the Board to
    review a September 24, 2001 determination of the Illinois Environmental Protection Agency
    (Agency).
    See
    415 ILCS 5/40(a)(1) (2000); 35 Ill. Adm. Code 105.404. The Agency denied a
    portion of Pacella’s corrective action cost reimbursement request regarding an underground
    storage tank site in Cook County. Pacella appeals on the grounds that denial is contrary to
    applicable statutory and regulatory provisions. Pacella’s petition meets the content requirements
    of 35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
    Pacella 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 Pacella may
    extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the
    decision deadline, Pacella may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2000).
    Currently, the decision deadline is February 9, 2002, the 120th day after October 12, 2001.
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for February 7, 2002.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination within 30 days after Pacella 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.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on October 18, 2001, by a vote of 7-0.
    2
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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