ILLINOIS POLLUTION CONTROL BOARD
    June 6, 2002
     
    ELSTON/WEBSTER, LP,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-210
    (UST Appeal)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On May 29, 2002, Elston/Webster, LP (Elston) timely filed a petition asking the Board
    to review a May 2, 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 modified the proposed budget for the site classification work plan
    regarding an underground storage tank site at 2211 North Elston Avenue, Chicago, Cook
    County. Elston appeals on the grounds that the modifications are contrary to applicable
    statutory and regulatory provisions. Elston’s petition meets the content requirements of 35 Ill.
    Adm. Code 105.408. The Board accepts the petition for hearing.
     
    Elston 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 Elston may
    extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by
    the decision deadline, Elston may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2000).
    Currently, the decision deadline is September 26, 2002 (the 120th day after May 29, 2002).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline
    is scheduled for September 19, 2002.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the
    entire record of its determination by June 29, which is 30 days after Elston 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).
     
    IT IS SO ORDERED.
     
    2
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on June 6, 2002, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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