ILLINOIS POLLUTION CONTROL BOARD
    April 3, 2003
     
    WARECO SERVICE, INC.
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-160
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On March 24, 2003, Wareco Service, Inc. (Wareco Service) timely filed a petition asking
    the Board to review a February 13, 2003 determination of the Illinois Environmental Protection
    Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.206(a). At issue is
    an Agency modification of the corrective action plan budget regarding Wareco Service’s leaking
    underground storage tank facility located at 1039 East Grand Avenue, in Galesburg, Knox
    County. Wareco Service appeals on the grounds that the Agency’s determination is arbitrary,
    capricious, and without statutory authroity. Wareco Service’s petition meets the content
    requirements of 35 Ill. Adm. Code 105.210. The Board accepts the petition for hearing.
     
    Wareco Service has the burden of proof. 415 ILCS 5/40(a)(1) (2002);
    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 Wareco Service may extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If
    the Board fails to take final action by the decision deadline, Wareco Service “may deem the
    permit issued.” 415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is July 22, 2003
    (the 120th day after March 24, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting
    immediately before the decision deadline is scheduled for July 10, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by April 23, 2003, which is 30 days after Wareco Service 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).
     
     
     
     
    IT IS SO ORDERED.
     
    2
     
    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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