ILLINOIS POLLUTION CONTROL BOARD
    December 18, 2003
    WEI ENTERPRISES,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 04-83
    (UST Appeal)
    ORDER OF THE BOARD (by T.E. Johnson):
    On November 17, 2003, Wei Enterprises (Wei) filed a petition asking the Board to
    review an October 8, 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 payment of requested reimbursement from the Underground Storage Tank
    Fund, with modifications, for Wei’s underground storage tank facility at 529 Maple Street,
    Shiloh, St. Clair County. Wei appeals on the grounds that the Agency adjustments to the
    requested reimbursement were unreasonable, onerous, arbitrary, and capricious.
    On November 20, 2003, the Board issued an order directing Wei to file an amended
    petition containing proof of the date on which it received a copy of the October 8, 2003 Agency
    determination to allow the Board to determine whether Wei Enterprises timely filed its petition.
    On December 5, 2003, the Board received an amended petition with the requested information.
    According to the attached affidavit, Wei received the Agency determination on October 9, 2003.
    Because the postmark date of the original petition was filed within 35 days of the date of service,
    the petition was timely filed. 35 Ill. Adm. Code 101.300(b)(2), 105.404.
    Wei’s petition meets the content requirements of 35 Ill. Adm. Code 105.408. The Board
    accepts the petition for hearing. Wei 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 Wei may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to
    take final action by the decision deadline, Wei may deem its request granted.
    See
    415 ILCS
    5/40(a)(2) (2002). Currently, the decision deadline is April 4, 2004 (the 120th day after
    December 5, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the
    decision deadline is scheduled for April 1, 2004.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by January 5, 2004, which is 30 days after Wei filed the amended
    petition. 35 Ill. Adm. Code 105.410(a). If the Agency wishes to seek additional time to file the
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    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.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on December 18, 2003, by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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