ILLINOIS POLLUTION CONTROL BOARD
    February 6, 2003
     
    TALCOTT BUILDING PARTNERSHIP,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-110
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On January 23, 2003, Talcott Building Partnership (Talcott) timely filed a petition asking
    the Board to review a December 23, 2002 determination of the Illinois Environmental Protection
    Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.404. The Agency
    denied the amended site classification work plan and budget regarding an underground storage
    tank site at 429 Talcott Street in Cook County. Talcott appeals on the grounds that the Agency
    incorrectly determined that the incident at the Talcott property was not eligible for
    reimbursement. Talcott’s petition meets the content requirements of 35 Ill. Adm. Code 105.408.
    The Board accepts the petition for hearing.
     
    Talcott 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 Talcott may
    extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If the Board fails to take final action by the
    decision deadline, Talcott may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline is May 23, 2003 (the 120th day after January 23, 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 February 24, 2003, the next business day after February 22, 2003,
    which is 30 days after Talcott filed the petition. 35 Ill. Adm. Code 105.410(a); 35 Ill. Adm.
    Code 101.300(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 February 6, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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