ILLINOIS POLLUTION CONTROL BOARD
    March 15, 2001
    CASSENS & SONS, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 01-102
    (UST - FRD)
    ORDER OF THE BOARD (by S.T. Lawton, Jr.):
    On January 2, 2001, the parties filed a joint request for an extension of the 35-day
    appeal period of an Illinois Environmental Protection Agency
    (Agency)
    determination
    regarding petitioner’s application for reimbursement for a portion of the underground storage
    tank remediation expenses. The petitioner allegedly incurred such expenses at its facility
    located at 121-126 Hillsboro Street, Edwardsville/Madison County Transit, Madison County,
    Illinois. By its order of January 18, 2001, the Board granted the extension until February 28,
    2001, pursuant to section 40(a)(1) of the Environmental Protection Act (Act) (415 ILCS
    5/40(a)(1) (1998)).
    On February 28, 2001, the Clerk received the petitioner’s filing to appeal the Agency’s
    denial of a portion of its costs. The certificate of service states that the petition was mailed to
    the Agency on February 27, 2001. The Board accepts this matter for hearing.
    The Board’s rules require that the Agency file its entire record of the corrective action
    plan within 30 days of notice of the petition. See 35 Ill. Adm. Code 105.116. Hearings must
    be scheduled and completed in a timely manner, pursuant to the applicable statutory decision
    deadline, or the deadline as extended by waiver. See 35 Ill. Adm. Code. 101.308, 105.114.
    Absent any future waivers of the decision deadline, the statutory decision deadline is
    now June 28, 2001 (120 days from February 28, 2001); the Board meeting immediately
    preceding the decision deadline is scheduled for June 21, 2001.
    The Board notes that the petitioner requested in its February 28, 2001 motion that the
    Board incorporate by reference numerous documents into the record that it has filed with the
    Agency, including: “the 45-Day Report dated July 21, 1999, the Billing Package dated
    May 22, 2000, and other information documentation [sic] provided to the Agency in behalf of
    2
    the Petitioner by Safety’s Partner.” Mot. at 2.
    1 The Board notes that the Agency must file the
    record in this matter, pursuant to Section 105.116 of the Board’s procedural rules (35 Ill.
    Adm. Code 105.116). The record would include documents submitted to it by the petitioner.
    Since the Agency’s filing of the record eliminates the need to incorporate by reference the
    documents in petitioner’s motion, the Board denies the petitioner’s request.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 15th day of March 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
    1 On February 28, 2001, petitioner filed a petition to appeal an Agency decision to partly deny
    corrective action and indemnification funds for the removal of underground storage tanks,
    which is referred to as “Mot. at ___.”

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