ILLINOIS POLLUTION CONTROL BOARD
    June 19, 2003
     
    CATHOLIC BISHOP OF CHICAGO,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-230
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On June 13, 2003, Catholic Bishop of Chicago timely filed a petition asking the Board to
    review the May 9, 2003, voiding of a No Further Remediation (NFR) Letter by the Illinois
    Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code
    105.402. The Agency could not confirm the Catholic Bishop of Chicago’s recording of the NFR
    Letter with the Cook County Recorder of Deeds regarding the underground storage tank facility
    at St. Gall School, 5515 South Sawyer, Chicago, Cook County. Catholic Bishop of Chicago
    appeals to obtain further time to properly submit the NFR Letter to the Recorder of Deeds.
    Catholic Bishop of Chicago’s petition meets the content requirements of 35 Ill. Adm. Code
    105.408. The Board accepts the petition for hearing.
     
    Catholic Bishop of Chicago 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 Catholic Bishop of Chicago may extend by waiver (
    see
    35 Ill. Adm. Code 101.308).
    If the Board fails to take final action by the decision deadline, Catholic Bishop of Chicago is
    entitled to an appellate court order under Section 41(d) of the Act.
    See
    415 ILCS 5/41(d) (2002);
    35 Ill. Adm. Code 732.704(d). Currently, the decision deadline is October 11, 2003 (the 120th
    day after June 13, 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 13, 2003, which is 30 days after Catholic Bishop of Chicago
    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).
     
     
     
     
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    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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