ILLINOIS POLLUTION CONTROL BOARD
    July 10, 2003
     
    SWIF-T-FOOD MART,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-185
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On April 17, 2003, the Board, at the parties’ request, extended until July 7, 2003, the time
    period within which Swif-T-Food Mart may appeal a March 3, 2003 determination of the Illinois
    Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code
    105.406. On July 7, 2003, Swif-T-Food Mart filed a petition asking the Board to review the
    Agency’s determination. At issue is the Agency’s approval of reimbursement of requested costs
    of corrective action, with modifications, regarding Swif-T-Food Mart’s underground storage tank
    site located at 1100 Belvidere Road, Lake County. Swif-T-Food Mart appeals on the grounds
    that the Agency applied a deductible amount to the costs in violation of the applicable statute and
    that the Agency deduction of other costs was unreasonable and an error as a matter of law and
    fact. Swif-T-Food Mart’s petition meets the content requirements of 35 Ill. Adm. Code 105.408.
    The Board accepts the petition for hearing.
     
    Swif-T-Food Mart 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 Swif-T-Food Mart may extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If the Board
    fails to take final action by the decision deadline, Swif-T-Food Mart may deem its request
    granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is November 4, 2003
    (the 120th day after July 7, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting
    immediately before the decision deadline is scheduled for October 16, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by August 6, 2003 which is 30 days after Swif-T-Food Mart 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 July 10, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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