ILLINOIS POLLUTION CONTROL BOARD
    July 11, 2002
     
    ROCKFORD STOP-N-GO, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 02-160
    (UST Fund)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On April 4, 2002, the Board, at the parties’ request, extended until July 2, 2002, the
    time period within which Rockford Stop-N-Go, Inc. (Rockford) may appeal a February 25,
    2002 determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2000); 35 Ill. Adm. Code 105.406. On July 1, 2002, Rockford’s attorney filed a
    petition asking the Board to review the Agency’s determination, discussed below. The petition
    was accompanied by a motion to appear
    pro hac vice
    .
     
    The motion states that Rockford’s attorney, Raymond M. Roder, is a shareholder in the
    law firm of Reinhart Boerner Van Deuren s.c. in Madison, Wisconsin. Roder asserts he has
    been licensed to practice law in Wisconsin since June 22, 1977, and is in good standing with
    the Wisconsin Supreme Court and Wisconsin Board of Attorneys Professional Responsibility.
    The Board grants Roder leave to appear
    pro hac vice
    .
     
    The Agency denied part of Rockford’s request for reimbursement from the
    Underground Storage Tank Fund regarding a leaking underground storage tank site at 4400
    Route 173, Caledonia, Boone County. Rockford appeals on several grounds, including the
    Agency’s alleged failure to consider early action costs, costs included in the site classification
    budget, and other reasonable and eligible costs. Rockford’s petition meets the content
    requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
     
    Rockford 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 Rockford may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to
    take final action by the decision deadline, Rockford may deem its request granted.
    See
    415
    ILCS 5/40(a)(2) (2000). Currently, the decision deadline is October 29, 2002 (the 120th day
     
    2
    after July 1, 2002).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before
    the decision deadline is scheduled for October 17, 2002.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the
    entire record of its determination by July 31, 2002, which is 30 days after Rockford 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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on July 11, 2002, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

    Back to top