ILLINOIS POLLUTION CONTROL BOARD
    March 6, 2003
     
    CHRISMAN FARM CENTER,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-77
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On December 19, 2002, the Board, at the parties’ request, extended until February 26,
    2003, the time period within which Chrisman Farm Center (Chrisman) may appeal an
    October 24, 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 25, 2003, Chrisman
    placed in the U.S. mail a petition asking the Board to review the Agency’s determination. The
    Board received the petition on February 27, 2003. Because the petition was postmarked before
    February 26, 2003, the petition was timely filed.
    See
    35 Ill. Adm. Code 101.300(b)(2).
     
    The Agency denied part of Chrisman’s request for reimbursement from the Underground
    Storage Tank Fund regarding a leaking underground storage tank site at Route 1 and U.S.
    Highway 36 in Chrisman, Edgar County. Chrisman appeals on the grounds that the Agency’s
    decision was arbitrary and capricious. Chrisman’s petition meets the content requirements of 35
    Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
     
    Chrisman 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 Chrisman
    may extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If the Board fails to take final action by
    the decision deadline, Chrisman may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline is June 27, 2003 (the 120th day after February 27, 2003).
    See
    35
    Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for June 19, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by March 31, 2003, which is the first business day following 30 days
    after Chrisman 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 March 6, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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