ILLINOIS POLLUTION CONTROL BOARD
    February 20, 2003
     
    WABASH VALLEY SERVICE,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 03-72
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On November 21, 2003, the Board, at the parties’ request, extended until February 13,
    2003, the time period within which Wabash Valley Service (Wabash Valley) may appeal a
    October 11, 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 13, 2003, Wabash Valley
    placed in the U.S. mail a petition asking the Board to review the Agency’s determination. The
    Board received the petition on February 18, 2003. Because the petition’s postmark date is within
    the extended filing period, the petition was timely filed.
    See
    35 Ill. Adm. Code 101.300(b)(2).
    The Agency requested that Wabash Valley’s high priority corrective action plan include an
    explanation of why the soil and groundwater contamination encountered on site is upgradient of
    the underground storage tank release area. The request concerns a leaking underground storage
    tank site 207 East Sycamore Street in Ridgway, Gallatin County. Wabash Valley appeals on the
    grounds that the Agency’s determination was arbitrary and capricious. Wabash Valley’s petition
    meets the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for
    hearing.
     
    Wabash Valley 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 Wabash Valley may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails
    to take final action by the decision deadline, Wabash Valley may deem its request granted.
    See
     
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is June 18, 2003 (the 120th day
    after February 18, 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 20, 2003, which is 30 days after Wabash Valley 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 February 20, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

    Back to top