ILLINOIS POLLUTION CONTROL BOARD
    March 7, 2002
     
    E & L TRUCKING COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-53
    (UST Appeal)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On November 15, 2001, the Board, at the parties’ request, extended until February 4,
    2002, the time period within which E & L Trucking Company (E & L) may appeal an
    October 2, 2001 determination of the Illinois Environmental Protection Agency (Agency).
    See
     
    415 ILCS 5/40(a)(1) (2000); 35 Ill. Adm. Code 105.406. On February 4, 2002, E & L filed a
    petition asking the Board to review the Agency’s determination.
     
    The Agency partially denied, for a variety of stated reasons, E & L’s application for
    reimbursement regarding underground storage tanks located at 12525 Hamlin Court in Alsip,
    Cook County. E & L appeals on the grounds, among others, that it filed all necessary reports
    pertaining to the leak, and that the Agency did not clearly object to the early action activities
    performed. E & L’s petition meets the content requirements of 35 Ill. Adm. Code 105.408. The
    Board accepts the petition for hearing.
     
    E & L 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 E & L may
    extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the
    decision deadline, E & L may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2000).
    Currently, the decision deadline is June 4, 2002 (the 120th day after February 4, 2002).
    See
    35
    Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for May 16, 2002.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination within 30 days after E & L filed the petition. 35 Ill. Adm. Code
    105.410(a). For the reasons stated in companion docket PCB 02-101, the record will include any
    information produced during the 90-day extension period granted November 15, 2001 which
    resulted in the January 4, 2002 Agency modification of the October 2, 2001 decision. E & L
    Trucking Company v. IEPA, PCB 02-101 (Mar. 7, 2002). If the Agency requires additional time
    to file the record, it must file a request for extension before the date on which the record is due to
     
    2
    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 March 7, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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