ILLINOIS POLLUTION CONTROL BOARD
    January 10, 2002
     
    WARECO SERVICE, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-92
    (UST Fund)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On January 7, 2002, Wareco Services, Inc. (Wareco) timely filed a petition asking the
    Board to review a November 27, 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 reimbursement of certain corrective action costs incurred by Wareco
    in response to a release of petroleum from underground storage tanks at its facility at 326
    Monmouth Boulevard, Galesburg, Knox County. Wareco appeals on the grounds that Wareco
    reported the release and performed corrective action in accordance with statutory and regulatory
    requirements. Wareco’s petition meets the content requirements of 35 Ill. Adm. Code 105.408.
    The Board accepts the petition for hearing.
     
    Wareco 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 Wareco may
    extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the
    decision deadline, Wareco may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2000).
    Currently, the decision deadline is May 7, 2002.
    See
    35 Ill. Adm. Code 105.114. The Board
    meeting immediately before the decision deadline is scheduled for May 2, 2002.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination within 30 days after Wareco 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 January 10, 2002, by a vote of 6-0.
     
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    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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