ILLINOIS POLLUTION CONTROL BOARD
    August 7, 2003
     
    WARECO SERVICE, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-212
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On May 15, 2002, the Board, at the parties’ request, extended until August 4, 2003, the
    time period within which Wareco Service, Inc. (Wareco) may appeal a March 28, 2003
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2002); 35 Ill. Adm. Code 105.406. On August 4, 2003, Wareco 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 Wareco’s
    underground storage tank site located at 1039 Grand Avenue, Galesburg, Knox County. Wareco
    appeals on the grounds that the Agency’s decision to modify the costs was arbitrary, capricious,
    and without statutory authority. Wareco’s petition meets the content requirements of 35 Ill.
    Adm. Code 105.408. The Board accepts the petition for hearing.
     
    Wareco 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 Wareco may
    extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the
    decision deadline, Wareco may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline is December 2, 2003 (the 120th day after August 4, 2003).
    See
     
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for November 20, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by September 3, 2003, which is 30 days after Wareco 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).
     
     
     
     
    2
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on August 7, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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