ILLINOIS POLLUTION CONTROL BOARD
    June 20, 2002
     
    SPORTS AIRCRAFT, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-129
    (UST Fund)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On March 21, 2002, the Board, at the parties’ request, extended until June 17, 2002,
    the time period within which Sports Aircraft, Inc. (Sports) may appeal a February 8, 2002
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2000); 35 Ill. Adm. Code 105.406. On June 14, 2002, Sports filed a petition
    asking the Board to review the Agency’s determination.
     
    The Agency denied part of Sports’ request for reimbursement from the Underground
    Storage Tank Fund regarding a leaking underground storage tank site at 8300 Kearney Road,
    Downers Grove, DuPage County. Sports appeals on several grounds, including the Agency’s
    alleged failure to correctly apportion costs among the tanks removed. Sports’ petition meets
    the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for
    hearing.
     
    Sports 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 Sports may
    extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by
    the decision deadline, Sports may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2000).
    Currently, the decision deadline is October 12, 2002 (the 120th day after June 14, 2002).
    See
     
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for October 3, 2002.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the
    entire record of its determination by July 14, 2002, which is 30 days after Sports 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
     
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    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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on June 20, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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