ILLINOIS POLLUTION CONTROL BOARD
    February 20, 2003
     
    MARYVILLE VOICE NEWSPAPER
    COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 03-67
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On November 21, 2002, the Board, at the parties’ request, extended until February 10,
    2003, the time period within which Maryville Voice Newspaper Company (Maryville Voice)
    may appeal an October 8, 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 10, 2003,
    Maryville Voice placed in the U.S. mail a petition asking the Board to review the Agency’s
    determination. The Board received the petition on February 13, 2003. Because the postmark
    date of the petition is on the filing deadline date, the petition was timely filed.
    See
    35 Ill. Adm..
    Code 101.300(b)(2). The Agency modified the proposed budget for the site classification work
    plan regarding a leaking underground storage tank site 2509 North Center Street in Maryville,
    Madison County. Maryville Voice appeals on the grounds that the Agency’s decision was
    arbitrary and capricious. Maryville Voice’s petition meets the content requirements of 35 Ill.
    Adm. Code 105.408. The Board accepts the petition for hearing.
     
    Maryville Voice 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 Maryville Voice may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails
    to take final action by the decision deadline, Maryville Voice may deem its request granted.
    See
     
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is June 13, 2003 (the 120th day
    after February 13, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately
    before the decision deadline is scheduled for June 5, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by March 15, 2003, which is 30 days after Maryville Voice 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
     

    Back to top