ILLINOIS POLLUTION CONTROL BOARD
    August 8, 2002
     
    WARECO SERVICE, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-189
    (UST Fund)
      
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On May 2, 2002, the Board, at the parties’ request, extended until July 23, 2002, the
    time period within which Wareco Service, Inc. (Wareco) may appeal a March 20, 2002
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40
    (a)(1) (2000)
    amended
    by P.A. 92-0574, eff. June 26, 2002; 35 Ill. Adm. Code 105.406. On
    July 26, 2002, Wareco filed a petition asking the Board to review the Agency’s determination.
     
    The Agency denied part of Wareco’s request for reimbursement from the Underground
    Storage Tank Fund regarding a leaking underground storage tank site at 1309 Grand Avenue,
    Galesburg, Knox County. Wareco appeals on the grounds that the Agency’s denial is allegedly
    arbitrary, capricious, and without statutory authority. Wareco’s petition meets the content
    requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
     
    Wareco 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)
    amended
    by
    P.A. 92-0574, eff. June 26, 2002), which only Wareco may extend by waiver (
    see
    35 Ill.
    Adm. Code 101.308). If the Board fails to take final action by the decision deadline, Wareco
    may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2000)
    amended
    by P.A. 92-0574, eff.
    June 26, 2002. Currently, the decision deadline is November 23, 2002 (the 120th day after
    July 26, 2002).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the
    decision deadline is scheduled for November 21, 2002.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the
    entire record of its determination by August 26, 2002. 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).
     
    2
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on August 8, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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