ILLINOIS POLLUTION CONTROL BOARD
    February 6, 1992
    TIM’S STANDARD/FREEPORT,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 92-17
    )
    (Underground Storage Tank Fund
    Reimbursement Determination)
    )
    ILLINOIS’ ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by J. Anderson):
    This matter comes before the Board on a January 28, 1992
    petition for review of a December 23, 1991 Agency underground
    storage tank fund reimbursement determination. The petition
    makes clear that petitioner challenges an Illinois Environmental
    Protection Agency (Agency) determination denying reimbursement of
    $18,652.17 in costs and does not challenge the determination of
    the deductible amount. The petition does not, however, provide
    the Board with a copy of the Agency’s denial letter.
    If an amended petition curing the noted deficiency is not
    filed within 35 days of the date of this Order, this petition
    will be subject to dismissal. The filing of an amended petition
    will restart the Board’s 120-day decision deadline pursuant to
    Section 40(a) of the Act.
    We note that a review of the correspondence filed to date in
    this matter indicates there may be some confusion as to the
    nature of a proceeding of this type before the Board. In
    proceedings before the Board, the burden is upon the petitioner
    to establish at a formal hearing, by oral testimony under oath or
    by properly submitted written documents, that the disputed costs
    should be paid under the terms of the Environmental Protection
    Act, and applicable regulations. Petitioner must present ~acts
    and arguments as to why those costs should be paid in order to
    prevail. The initial burden at hearing to explain why the costs
    were not paid is not upon the Agency.
    IT IS SO ORDERED.
    130—93
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted onthe
    ~
    day of _________________________, 1992 by a vote of
    /H
    I~
    Dorothy H. ~Inn, CleIk
    Illinois Poflution Control Board
    130—9
    4

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