ILLINOIS POLLUTION CONTROL BOARD
    January 23, 2003
     
    MUELLER SHELL, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-48
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On November 7, 2002, the Board, at the parties’ request, extended until January 8, 2003,
    the time period within which Mueller Shell, Inc., (Mueller) may appeal a September 5, 2002
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2002),
     
    35 Ill. Adm. Code 105.406. On January 8, 2003, Mueller sent its petition by
    certified mail to the Board asking the Board to review the Agency’s determination; the Board
    received the petition on January 13, 2003. Because the postmark date precedes the filing
    deadline date, the petition is deemed timely filed on the postmark date. 35 Ill. Adm. Code
    101.300(b)(2).
     
    The Agency conditionally approved a Site Classification Work Plan regarding an
    underground storage tank site 7724 West Main Street in Belleville, St. Clair County. Mueller
    appeals on the grounds that the Agency’s decision was arbitrary and capricious. Mueller’s
    petition meets the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the
    petition for hearing.
     
    Mueller 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) (2002)),
     
    which only Mueller may
    extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the
    decision deadline, Mueller may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline is May 13, 2003 (the 120th day after January 13, 2003).
    See
    35
    Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for May 1, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by February 12, 2003, which is 30 days after Mueller 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.
     
    2
    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 January 23, 2003, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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