ILLINOIS POLLUTION CONTROL BOARD
February 6, 2003
EAST SIDE SHELL,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 03-50
(UST Fund)
ORDER OF THE BOARD (by T. E. Johnson):
On November 7, 2002, the Board, at the parties’ request, extended until January 28, 2003,
the time period within which East Side Shell may appeal a September 25, 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 28, 2003, East Side Shell placed into the U.S. mail a petition
asking the Board to review the Agency’s determination. The Board received the petition on
January 30, 2003. Because the postmark date was on the final date of the extended appeal
period, the petition was timely filed. 35 Ill. Adm. Code 101.300(b)(2).
The Agency rejected the amended site classification work plan budget regarding a
leaking underground storage tank site at 1202 East Main in West Frankfort, Fulton County. East
Side Shell appeals on the grounds that the Agency’s decision was arbitrary and capricious. East
Side Shell’s petition meets the content requirements of 35 Ill. Adm. Code 105.408. The Board
accepts the petition for hearing.
East Side Shell 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 East Side Shell may extend by waiver.
See
35 Ill. Adm. Code 101.308. If the Board fails to
take final action by the decision deadline, East Side Shell may deem its request granted.
See
415
ILCS 5/40(a)(2) (2002). Currently, the decision deadline is May 30, 2002 (the 120th day after
January 30, 2003).
See
35 Ill. Adm. Code 105.114. The Board meeting immediately before the
decision deadline is scheduled for May 15, 2003.
Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
record of its determination by March 3, 2003, the first business day after March 1, 2003, which is
30 days after East Side Shell 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).
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IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on February 6, 2003, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board