ILLINOIS POLLUTION CONTROL BOARD
    January 10, 2002
    LOCKFORMER COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 02-86
    (SRP Appeal)
    ORDER OF THE BOARD (by C.A. Manning):
    On December 26, 2001, Lockformer Company (Lockformer) timely filed a petition
    asking the Board to review a November 16, 2001 determination of the Illinois Environmental
    Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2000); 35 Ill. Adm. Code 105.206(a).
    Lockformer was served with the determination on November 20, 2001.
    The Agency terminated Lockformer’s Site Remediation Program (SRP) Review and
    Evaluation Services Agreement regarding Lockformer’s metal fabrication and manufacturing
    facility located at 711 Ogden Avenue, Lisle, DuPage County. Lockformer appeals on the
    grounds that the Agency’s termination does not meet the requirements of 35 Ill. Adm. Code
    740.230(a). Lockformer further alleges that it has not failed to pay reasonable costs incurred by
    the Agency, and that the USEPA administrative order is not contrary to activities conducted by
    Agency personnel under the SRP. Lockformer’s petition meets the content requirements of 35
    Ill. Adm. Code 105.210. The Board accepts the petition for hearing.
    Lockformer has the burden of proof. 415 ILCS 5/40(a)(1) (2000);
    see also
    35 Ill. Adm.
    Code 105.112(a). Hearings “will be based exclusively on the record before the Agency at the
    time the permit or decision was issued.” 35 Ill. Adm. Code 105.214(a). 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 Lockformer may extend by waiver (
    see
    35 Ill. Adm. Code
    101.308). Currently, the decision deadline is April 25, 2002 (the 120th day after December 26,
    2001).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision
    deadline is scheduled for April 18, 2002.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination within 30 days after Lockformer filed the petition. 35 Ill. Adm. Code
    105.212(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 105.212(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 January 10, 2002, by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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