ILLINOIS POLLUTION CONTROL BOARD
    July 24, 2003
     
    LINCOLN LAND FS, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-5
    (UST Appeal)
     
    ORDER OF THE BOARD (by M.E. Tristano):
     
    On July 9, 2003, Lincoln Land FS, Inc. (petitioner) timely filed a petition asking the
    Board to review a May 29, 2003, determination of the Illinois Environmental Protection Agency
    (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.404.
     
    The Agency denied petitioner’s request for reimbursement from the Underground Storage
    Tank Fund regarding an underground storage tank site at 6th and Jefferson, Petersburg, Menard
    County. Petitioner appeals on the grounds that the Agency’s disallowance of handling charges
    was contrary to both the law and Agency precedent. Lincoln Land FS, Inc.’s petition meets the
    content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
     
    Petitioner 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 petitioner
    may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by
    the decision deadline, petitioner may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    The petitioner has waived the decision deadline to December 31, 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 petitioner 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).
     
    IT IS SO ORDERED.
     
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    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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