ILLINOIS POLLUTION CONTROL BOARD
    July 10, 2003
     
    ESTATE OF OLIVIA TYBERENDT,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-237
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On June 30, 2003, the Estate of Olivia Tyberendt (Tyberendt) timely filed a petition
    asking the Board to review a May 27, 2003 determination of the Illinois Environmental
    Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.402. At
    issue is the Agency’s approval of reimbursement of requested corrective action costs, with
    modifications, regarding Tyberendt’s underground storage tank facility at 15309 Boulder Road,
    Carlyle, Clinton County. Tyberendt appeals on the grounds that the Agency determination was
    erroneous. Tyberendt’s petition meets the content requirements of 35 Ill. Adm. Code 105.408.
    The Board accepts the petition for hearing.
     
    Tyberendt 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 Tyberendt may extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If the Board fails to take
    final action by the decision deadline, Tyberendt may deem its request granted.
    See
    415 ILCS
    5/40(a)(2) (2002). Currently, the decision deadline is October 28, 2003 (the 120th day after
    June 30, 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 July 30, 2003 which is 30 days after Tyberendt 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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