ILLINOIS POLLUTION CONTROL BOARD
    August 7, 2003
     
    WINSLOW BOCO (STRATA GEOLOGIC
    SERVICES, INC.),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 03-213
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On May 15, 2003, the Board, at the parties’ request, extended until August 1, 2003, the
    time period within which Winslow Boco (Strata Geologic Services, Inc.) (Strata) 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 July 30, 2003, Strata filed a petition
    asking the Board to review the Agency’s determination. Because the postmark date of the
    petition is within the extended time for filing, the petition was timely filed. 35 Ill. Adm. Code
    101.300(b)(2), 105.404. At issue is the Agency’s approval of reimbursement of costs of
    corrective action, with modifications, regarding Strata’s underground storage tank site located at
    204 Carver Street, Winslow, Stephenson County. Strata appeals on the grounds that the Agency
    assessed the deductible for the site twice, the Agency wrongfully designated certain costs as
    incurred prior to notification of the Office of the State Fire Marshall, and certain other costs
    disallowed by the Agency were consistent with the high priority corrective action plan for the
    site. Strata’s petition meets the content requirements of 35 Ill. Adm. Code 105.408. The Board
    accepts the petition for hearing.
     
    Strata 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 Strata may
    extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If the Board fails to take final action by the
    decision deadline, Strata may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline is November 27, 2003 (the 120th day after July 30, 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 August 29, 2003, which is 30 days after Strata 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.
     
    2
    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 August 7, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top