ILLINOIS POLLUTION CONTROL BOARD
    November 21, 2002
     
    KING’S 66 SERVICE STATION,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-16
    (UST Appeal)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On August 22, 2002, the Board, at the parties’ request, extended until November 11,
    2002, the time period within which King’s 66 Service Station (King’s) may appeal a July 9, 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
    November 15, 2002, King’s filed a petition asking the Board to review the Agency’s
    determination.
     
    The Agency modified the high priority site investigation corrective action plan budget
    regarding a leaking underground storage tank site at 6658 State Route 162 in Edwardsville,
    Madison County. King’s appeals on several grounds, including the Agency’s alleged failure to
    justify the removal of a tank from the budget. King’s petition meets the content requirements of
    35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
     
    King’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),
    amended by
    P.A. 92-
    0574, eff. June 26, 2002), which only King’s may extend by waiver (
    see
    35 Ill. Adm. Code
    101.308). If the Board fails to take final action by the decision deadline, King’s 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 March 15, 2003 (the 120th day after November 15, 2002).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for March 6, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by December 15, 2002, which is 30 days after King’s 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).
     
    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 November 21, 2002, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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