ILLINOIS POLLUTION CONTROL BOARD
    July 10, 2003
     
    SCI ILLINOIS SERVICES, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-1
    PCB 04-3
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On July 1, 2003, SCI Illinois Services, Inc. (SCI) timely filed a petition. Docketed as
    PCB 04-1, this petition asks 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 rejection of the site classification completion report regarding
    SCI’s underground petroleum storage tank facility 2501 East Euclid Avenue, Arlington Heights,
    Cook County. SCI appeals on the grounds that the Agency rejection of the report was improper.
     
    SCI filed a second petition for review on July 2, 2003. This second petition, docketed as
    PCB 04-3, asks the Board to review a June 11, 2003 Agency determination not to allow
    reimbursement of requested corrective action costs for its facility. SCI appeals on the grounds
    that the Agency denial of reimbursement was improper.
     
    On July 7, 2003, SCI filed a motion to strike portions of its July 1, 2003 petition for
    review. The July 1, 2003 petition also requested that the Board review a June 11, 2002 denial of
    reimbursement of corrective action costs. After being contacted by the Clerk as to correct
    procedure on June 2, 2003, SCI filed PCB 04-3, a separate petition for review of the June 11,
    2002 decision. SCI requested that the Board strike those portions of its petition that related to
    the June 11, 2002 denial of reimbursement of corrective action costs. The Board grants that
    motion and strikes paragraph four of the petition, subsections (d) and (e) of the prayer for relief,
    and exhibit B attached to the petition.
     
    SCI’s petitions meet the content requirements of 35 Ill. Adm. Code 105.408. The Board
    accepts the petitions for hearing. The Board notes that the appeals involve the same parties, the
    same Cook County facility, and issues of SCI’s cleanup and cleanup cost reimbursement from
    the Underground Storage Tank Fund. The Board, on its own motion, consolidates the two
    petitions. The appeals are consolidated for hearing.
    See
    35 Ill. Adm. Code 101.406. Future
    filings must reflect the amended caption of this order.
     
    SCI 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
     
    2
    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 SCI may
    extend by waiver.
    See
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the
    decision deadline, SCI may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline is October 29, 2003 (the 120th day after July 1, 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 31, 2003, which is 30 days after SCI filed the first 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 July 10, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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