ILLINOIS POLLUTION CONTROL BOARD
    November 6, 2003
     
    ILLINOIS STATE TOLL HIGHWAY
    AUTHORITY (Belividere North CACR),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-10
    (UST Appeal)
     
    ORDER OF THE BOARD (by M.E. Tristano):
     
    On July 24, 2003, the Board, at the parties’
    time period within which Illinois State Toll Highway Authority may appeal a June 13, 2003
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2002); 35 Ill. Adm. Code 105.406. On October 16, 2003, Illinois State Toll Highway
    Authority filed a petition asking the Board to review the Agency’s determination. The Agency
    rejected the high priority corrective action completion report for Illinois State Toll Highway
    Authority’s leaking underground petroleum storage tank facility located at Belvidere Oasis
    (North Side), Belividere, Boone County. Illinois State Toll Highway Authority appeals on the
    grounds that the modifications to the proposed budget were improper because the costs
    submitted were reasonable and necessary. Illinois State Toll Highway Authority’s petition meets
    the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for
    hearing.
     
    Illinois State Toll Highway Authority 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 Illinois State Toll Highway Authority may extend by waiver (
    see
    35 Ill.
    Adm. Code 101.308). If the Board fails to take final action by the decision deadline, Illinois
    State Toll Highway Authority may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline is February 13, 2004 (the 120th day after October 16, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for February 5, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by November 15, 2003 which is 30 days after Illinois State Toll
    Highway Authority 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
     
    2
    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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on November 6, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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