ILLINOIS POLLUTION CONTROL BOARD
    July 22, 1993
    RON’S INTERSTATE SUNOCO,
    )
    Petitioner,
    v.
    )
    PCB 92—200
    )
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by R.C. Fleinal):
    This matter is before the Board on Ron’s Interstate Sunoco’s
    (Ron’s) December 4, 1992 petition for review. Ron’s seeks review
    of a November 2, 1992 Illinois Environmental Protection Agency
    (Agency) decision denying Ron’s claim for reimbursement from the
    Underground Storage Tank Fund (Fund).
    This case was originally scheduled for hearing on February
    16, 1993. However, that hearing was cancelled due to weather
    conditions. On March 8, 1993, Ron’s filed a waiver of the
    decision deadline in this case. Hearing was rescheduled for
    April 7, 1993, at 10:00 a.m. However, Ron’s did not appear at
    that hearing. (Tr. at 3-5.) The Agency then made an oral motion
    for default and affirmation of the Agency’s November 2, 1992
    decision.
    On June 29, 1993, Ron’s filed a “motion in opposition of
    motion for default and request for rehearing date.”1 In its
    motion, Ron’s states: that in reviewing the file, it found a
    February 17, 1993 notice of hearing entered by the hearing
    officer; that “through inadvertence” the notice of hearing was
    not entered into Ron’s attorney’s calendar and thus Ron’s failed
    to appear at hearing; that Ron’s did not receive notice of “the
    default”; and that on June 28, 1993, Ron’s attorney discovered
    that the motion for default was pending and that Ron’s had failed
    to appear at the April 7, 1993 hearing. Ron’s contends that it
    would suffer irreversible and prejudicial harm if the motion for
    default is granted. Thus, Ron’s asks that the motion for default
    be denied, and this matter reset for hearing. Ron’s motion is
    not supported by affidavit.
    On July 8, 1993, the Agency filed its “response to
    petitioner’s motion in opposition of motion for default and
    request for rehearing date”. The Agency states that it made a
    Ron’s also filed an open waiver of the Board’s decision
    deadline on June 29, 1993.
    2
    proper oral motion for default at hearing in light of the
    circumstances of that date. The Agency further states that “it
    takes no position as to whether the motion should be granted or
    denied”. (response at 2.)
    The Board denies Ron’s request for a new hearing. In
    addition to the failure to attend a properly noticed hearing and
    failure to contact the Board for two months after the scheduled
    hearing date, we are disturbed by Ron’s additional failure to
    inquire into the status of this case until four days before the
    decision deadline of July 2. Additionally, Ron’s motion should
    have been supported by affidavit, since it contains facts outside
    the record. A petitioner appealing an Agency determination on a
    request for reimbursement from the Fund bears the burden of
    proof. (415 ILCS 5/22.l8b(g), 40(a) (1) (1992).) (35 Ill.Adm.Code
    Sangamon101.242.) CountyThe
    Agency’sv.
    Penningtonmotion (Marchfor
    default25,
    1993),is
    granted.AC
    92-78.)
    (~
    This
    case is dismissed.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law.
    ORDER
    The Agency’s motion for default is granted. This case is
    dismissed.
    IT IS SO ORDERED.
    Board Member J. Theodore Meyer dissented.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41 (1992)) provides for the appeal of final Board orders within
    35 days of service. The Rules of the Supreme Court of Illinois
    establish filing requirements. (See also 35 Ill.Adm.Code 101.246
    “Motions for Reconsideration”.)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the abov~opinion and order was
    adopted on the ~:~‘‘~~day of
    ;
    ,
    1993, by a
    vote of
    ~
    T/
    .
    /~
    /~
    -
    / /
    I
    ~/
    ~
    Dorothy N. Gun’n, Clerk
    Illinois PollUtion Control Board

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