ILLINOIS POLLUTION CONTROL BOARD
    June 19, 2003
     
    WARREN’S SERVICE,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-204
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On May 1, 2003, the Board, at the parties’ request, extended until July 15, 2003, the time
    period within which Warren’s Service may appeal a March 11, 2003 determination of the Illinois
    Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code
    105.406. On June 16, 2003, Warren’s Service (Warren’s) filed a petition asking the Board to
    review the Agency’s determination. At issue is the Agency’s approval of reimbursement of
    corrective action costs, with deductions, regarding Warren’s underground storage tank site
    located at Third and Fifth, Sherrard, Mercer County. Warren’s appeals on the grounds that the
    amounts requested for reimbursement were reasonable, justifiable, necessary, consistent with
    generally accepted engineering practices, and eligible for reimbursement. Warren’s petition
    meets the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for
    hearing.
     
    Warren’s has the burden of proof.
    See
    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 Warren’s may extend by waiver. S
    ee
    35 Ill. Adm. Code 101.308. If the Board fails to take
    final action by the decision deadline, Warren’s may deem its request granted.
    See
    415 ILCS
    5/40(a)(2) (2002). Currently, the decision deadline is October 14, 2003 (the 120th day after
    June 16, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the
    decision deadline is scheduled for October 7, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by July 16, 2003, which is 30 days after Warren’s 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).
     
     
     
    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 June 19, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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