ILLINOIS POLLUTION CONTROL BOARD
    May 15, 2003
     
    2F, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-112
    (UST Appeal)
     
    ORDER OF THE BOARD (by M.E. Tristano):
     
    On January 21, 2003, the Board, at the parties’ request, extended until April 29, 2003, the
    time period within which 2F, Inc. (petitioner) may appeal a December 19, 2002 determination of
    the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill.
    Adm. Code 105.406. On April 29, 2003, 2F, Inc. filed a petition asking the Board to review the
    Agency’s determination.
     
    The Agency denied petitioner’s request for reimbursement from the Underground Storage
    Tank Fund regarding an underground storage tank site at 1011 West Popular, Harrisburg,
    Williamson County. Petitioner appeals on the grounds that the Agency’s rejection is
    unreasonable, arbitrary and capricious, and was made with no technical justification. 2F Inc.’s
    petition meets the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the
    petition for hearing.
     
    Petitioner 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 petitioner
    may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by
    the decision deadline, petitioner may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline is August 27, 2003.
    See
    35 Ill. Adm. Code 105.114. The Board
    meeting immediately before the decision deadline is scheduled for August 21, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by May 29, 2003, which is 30 days after petitioner 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 May 15, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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