ILLINOIS POLLUTION CONTROL BOARD
    July 24, 2003
     
    PRIME TIME CITGO, INC., and
    ALPHONSUS OLIEH,
     
    Petitioners,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-188
    (UST Appeal)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On April 17, 2003, the Board, at the parties’ request, extended until July 9, 2003, the time
    period within which Prime Time Citgo, Inc. and Alphonsus Olieh (petitioners) 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 105.208(a). On July 9, 2003, petitioners filed a
    petition asking the Board to review the Agency’s determination.
     
    The Agency denied petitioners’ submitted budget and associated request for payment
    regarding a gas station located at 420 North Farnsworth Road in Aurora, Kane County.
    Petitioners appeal on the grounds that the alternate housing costs denied by the Agency were
    corrective action costs and do not exceed the minimum requirements of Title XVI of the
    Environmental Protection Act (Act). Petitioners’ petition meets the content requirements of 35
    Ill. Adm. Code 105.210. The Board accepts the petition for hearing.
     
    Petitioners have the burden of proof. 415 ILCS 5/40(a)(1) (2002);
    see also
    35 Ill. Adm.
    Code 105.112(a). Hearings “will be based exclusively on the record before the Agency at the
    time the permit or decision was issued.” 35 Ill. Adm. Code 105.214(a). 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 petitioners may extend by waiver (
    see
    35 Ill. Adm. Code
    101.308). If the Board fails to take final action by the decision deadline, petitioners may deem
    the permit issued. 415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is November 6,
    2003 (the 120th day after July 9, 2003).
    See
    35 Ill. Adm. Code 105.114. A Board meeting is
    scheduled on the day of the decision deadline, November 6, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by August 8, 2003 which is 30 days after petitioners filed the petition.
    35 Ill. Adm. Code 105.212(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 105.212(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 24, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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