ILLINOIS POLLUTION CONTROL BOARD
    April 18, 2002
     
    LYONS TOWNSHIP HIGH SCHOOL
    DISTRICT NO. 204,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-165
    (UST Appeal)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On April 4, 2002, Lyons Township High School District No. 204 (District) timely filed
    a petition asking the Board to review a February 28, 2002 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 certain corrective action costs regarding an underground storage
    tank located at 4900 South Willow Springs Road, Western Springs, Cook County. The
    District appeals on the grounds, among others, that the Agency’s decision to deny
    reimbursement of these costs is contrary to applicable statutory and regulatory provisions. The
    District’s petition meets the content requirements of 35 Ill. Adm. Code 105.408. The Board
    accepts the petition for hearing.
     
    The District 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 the District may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to
    take final action by the decision deadline, the District may deem its request granted.
    See
    415
    ILCS 5/40(a)(2) (2000). Currently, the decision deadline is August 2, 2002 (the 120th day
    after April 4, 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 the District 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.
     
    2
    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 April 18, 2002, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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