ILLINOIS POLLUTION CONTROL BOARD
    June 5. 2003
     
    MICK’S GARAGE,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-126
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On March 6, 2003, the Board, at the parties’ request, extended until May 16, 2003 the
    time period within which Mick’s Garage (Mick’s) may appeal a January 10, 2003 determination
    of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35
    Ill. Adm. Code 105.406. On May 20, 2003, Mick’s filed a petition asking the Board to review
    the Agency’s determination. Because the postmark date of the petition 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 the site characterization report and corrective action plan and
    deductible determination regarding Mick’s underground storage tank site located at 1251 East
    Chain of Rocks Road, Pontoon Beach, Madison County. Mick’s appeals on the grounds that the
    Agency based its deductible determination on a report of a suspected leak in the tank registration,
    rather than on the log of tank removal, which indicated that no leakage had occurred. Mick’s
    petition meets the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the
    petition for hearing.
     
    But, in accepting this petition for hearing, the Board notes that both the denial letter and
    the appeal reference what appears to be a prior, 1991 deductibility determination. The Board's
    acceptance of this petition is in no way intended to preclude any arguments by the parties as to
    whether this appeal of a January, 2003 determination is a timely or proper vehicle for the appeal
    of any earlier deductibility determination.
     
    Mick’s 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 Mick’s may
    extend by waiver.
    See
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the
    decision deadline, Mick’s may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline is September 17, 2003 (the 120th day after May 20, 2003).
    See
     
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for September 4, 2003.
     
    2
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by June 19, 2003, which is 30 days after Mick’s 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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on June 5, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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