ILLINOIS POLLUTION CONTROL BOARD
    October 17, 2002
     
    TODD’S SERVICE STATION,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-2
    (UST Fund)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On July 11, 2002, the Board, at the parties’ request, extended until October 10, 2002, the
    time period within which Todd’s Service Station (Todd’s) may appeal a May 16, 2002
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2000)
    as amended by
    P.A. 92-0574, eff. June 26, 2002; 35 Ill. Adm. Code 105.406.
    On October 10, 2002, Todd’s filed a petition asking the Board to review the Agency’s
    determination.
     
    The Agency modified Todd’s proposed budget for the high priority corrective action plan
    regarding a leaking underground storage tank site at 1303 Washington Road, Washington,
    Tazewell County. Todd’s challenges the Agency’s determination that some of the hourly rates
    and number of hours for personnel charges for which payment was requested were unreasonable.
    Todd’s petition meets the content requirements of 35 Ill. Adm. Code 105.408. The Board
    accepts the petition for hearing.
     
    Todd’s 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)
    as amended by
    P.A. 92-
    0574, eff. June 26, 2002), which only Todd’s may extend by waiver (
    see
    35 Ill. Adm. Code
    101.308). If the Board fails to take final action by the decision deadline, Todd’s may deem its
    request granted.
    See
    415 ILCS 5/40(a)(2) (2000)
    as amended by
    P.A. 92-0574, eff. June 26,
    2002. Currently, the decision deadline is February 5, 2003 (the 120th day after October 10,
    2002).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision
    deadline is scheduled for January 23, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by November 5, 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 October 17, 2002, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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