ILLINOIS POLLUTION CONTROL BOARD
    August 7, 2003
     
    McDONALD’S CORPORATION,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-14
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On July 28, 2003, McDonald’s Corporation (McDonald’s) timely filed a petition asking
    the Board to review a June 23, 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 approval of reimbursement of requested costs of corrective action, with modifications,
    regarding McDonald’s underground storage tank facility at 1120 West 22nd Street, Oak Brook,
    DuPage County. McDonald’s appeals on the grounds that the costs submitted to the Agency
    were demonstrated as reasonable and necessary and that the Agency decision was contrary to the
    requirements of the Environmental Protection Act. McDonald’s petition meets the content
    requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
     
    McDonald’s 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 McDonald’s may extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If the Board fails to
    take final action by the decision deadline, McDonald’s may deem its request granted.
    See
    415
    ILCS 5/40(a)(2) (2002). Currently, the decision deadline is November 25, 2003 (the 120th day
    after July 28, 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 27, 2003, which is 30 days after McDonald’s 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).
     
     
     
     
     
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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 August 7, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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