ILLINOIS POLLUTION CONTROL BOARD
    February 20, 2003
     
    KNOX COLLEGE,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-65
    (UST Appeal)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On November 21, 2002, the Board, at the parties’ request, extended until February 3,
    2003, the time period within which Knox College, petitioner, may appeal an October 1, 2002
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2002); 35 Ill. Adm. Code 105.406. On February 3, 2003, Knox College placed in the
    U.S. mail a petition seeking review of the Agency’s determination. The Board received the
    petition on February 4, 2003. Because the petition was post-marked February 3, 2003, the
    petition was timely filed.
    See
    35 Ill. Adm. Code 101.300(b)(2).
     
    The Agency rejected the proposed budget for the low priority groundwater monitoring
    plan regarding a leaking underground storage tank site at 161 East Berrien Street in Galesburg,
    Knox County. Knox College appeals on the grounds that the Agency’s rejection of the budget
    has no legal basis. Knox College’s petition meets the content requirements of 35 Ill. Adm. Code
    105.408. The Board accepts the petition for hearing.
     
    Knox College 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 Knox College may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to
    take final action by the decision deadline, Knox College may deem its request granted.
    See
    415
    ILCS 5/40(a)(2) (2002). Currently, the decision deadline is June 4, 2003 (the 120th day after
    February 4, 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 6, 2003, which is 30 days after Knox College 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 February 20, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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