ILLINOIS POLLUTION CONTROL BOARD
    May 1, 2003
     
    TED HARRISON OIL, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-198
    (Permit Appeal - Land)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On April 21, 2003, Ted Harrison Oil, Inc. (Ted Harrison) timely filed a petition asking
    the Board to review a March 14, 2003 determination of the Illinois Environmental Protection
    Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.206(a). The Agency
    denied Ted Harrison’s request to modify the existing permit at their soil treatment facility located
    in Virginia, Cass County. Ted Harrison appeals on the grounds that the Agency’s denial is
    arbitrary and unreasonable. Ted Harrison’s petition meets the content requirements of 35 Ill.
    Adm. Code 105.210. The Board accepts the petition for hearing.
     
    Ted Harrison 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 permit or decision was issued.” 35 Ill. Adm. Code 105.214(a). 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 Ted Harrison may extend by waiver (
    see
    35 Ill. Adm. Code
    101.308). If the Board fails to take final action by the decision deadline, Ted Harrison “may
    deem the permit issued.” 415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is
    August 19, 2003 (the 120th day after April 17, 2003.
    See
    35 Ill. Adm. Code 105.114. The Board
    meeting immediately before the decision deadline is scheduled for August 7, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire record
    of its determination within 30 days after Ted Harrison filed the petition. 35 Ill. Adm. Code
    105.212(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 105.212(b).
     
    IT IS SO ORDERED.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on May 1, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     

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