ILLINOIS POLLUTION CONTROL BOARD
October 17, 2002
RANTOUL TOWNSHIP HIGH SCHOOL
DISTRICT NO. 193,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 03-42
(UST Appeal)
ORDER OF THE BOARD (by C.A. Manning):
On October 7, 2002, Rantoul Township High School District No. 193 (District) timely
filed a petition asking the Board to review a September 5, 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 rejected the budget for the high priority corrective action plan regarding
an underground storage tank site located at 200 S. Sheldon Street in Rantoul, Champaign
County. The District disputes the Agency determination regarding lack of documentation
concerning costs for specified personnel, relocation of underground utilities, removal of
migration pathways, bid proposals, and handling charges, and contends that all costs were
necessary and required. The District’s petition meets the content requirements of 35 Ill. Adm.
Code 105.408. The Board accepts the petition for hearing.
The District 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 the District may extend by waiver (
see
35 Ill. Adm. Code 101.308). If the Board fails to
take final action by the decision deadline, the District may deem its request granted.
See
415
ILCS 5/40(a)(2) (2000). Currently, the decision deadline is February 9, 2003 (the 120th day
after October 7, 2002).
See
35 Ill. Adm. Code 105.114. The Board meeting immediately before
the decision deadline is scheduled for February 6, 2003.
Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
record of its determination by November 7, 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).
IT IS SO ORDERED.
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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