ILLINOIS POLLUTION CONTROL BOARD
    April 3, 2003
     
    RALPH JOHNSON,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-92
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On January 9, 2003, the Board, at the parties’ request, extended until March 25, 2003, the
    time period within which Ralph Johnson (Johnson) may appeal a November 19, 2002
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2002); 35 Ill. Adm. Code 105.208(a). On March 26, 2003, Johnson filed a petition
    asking the Board to review the Agency’s determination. Because the postmark date of the joint
    request is within the extended time for filing, the petition was timely filed. 35 Ill. Adm. Code
    101.300(b)(2), 105.404. The Agency approved Johnson’s request for reimbursement of
    corrective action costs with deductions regarding his leaking underground petroleum storage
    facility located at 9th Street and Fair Avenue, in Pana, Christian County. Johnson appeals on the
    grounds that the Agency adjustment was without technical justification and was arbitrary and
    capricious. Johnson’s petition meets the content requirements of 35 Ill. Adm. Code 105.210.
    The Board accepts the petition for hearing.
     
    Johnson has the burden of proof. 415 ILCS 5/40(a)(1) (2000);
    see also
    35 Ill. Adm. Code
    105.112(a). Hearings will be based exclusively on the record before the Agency at the time the
    decision was issued. 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 Johnson may extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If the Board fails to take
    final action by the decision deadline, Johnson “may deem the permit issued.” 415 ILCS
    5/40(a)(2) (2002). Currently, the decision deadline is July 24, 2003 (the 120th day after March
    26, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision
    deadline is scheduled for July 24, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by April 25, 2003, which is 30 days after Johnson 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).
     
     
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    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on April 3, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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