ILLINOIS POLLUTION CONTROL BOARD
    April 18, 2002
     
    REZMAR CORPORATION,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 02-91
    (UST Appeal)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On January 10, 2002, the Board, at the parties’ request, extended until April 8, 2002
    the time period within which Rezmar Corporation (Rezmar) may appeal a December 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 April 8, 2002, Rezmar filed a petition
    asking the Board to review the Agency’s determination.
     
    The Agency denied certain corrective action costs regarding an underground storage
    tank located at 850 North Ogden Avenue, Chicago, Cook County. Rezmar appeals on the
    grounds, among others, that it fulfilled statutory and regulatory requirements, and certain
    corrective action costs were erroneously deducted. Rezmar’s petition meets the content
    requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
     
    Rezmar 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 Rezmar may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to
    take final action by the decision deadline, Rezmar may deem its request granted.
    See
    415
    ILCS 5/40(a)(2) (2000). Currently, the decision deadline is August 6, 2002 (the 120th day
    after April 8, 2002).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before
    the decision deadline is scheduled for July 25, 2002.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the
    entire record of its determination within 30 days after Rezmar 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).
     
    2
     
    IT IS SO ORDERED.
     
    Board Member N.J. Melas abstained.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on April 18, 2002, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top