ILLINOIS POLLUTION CONTROL BOARD
    January 8, 2004
     
    SWIF-T FOOD MART (IEPA Letter Dated
    December 1, 2003; December 1, 1995 to
    November 20, 2001),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-112
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On January 5, 2004, Swif-T Food Mart timely filed a petition asking the Board to review
    a December 1, 2003 determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.402. The Agency approved
    reimbursement of requested corrective action costs, with modifications, regarding Swif-T Food
    Mart’s leaking underground storage tank facility at 1100 Belividere Road, Waukegan, Lake
    County. Swif-T Food Mart appeals on the grounds that the Agency’s modifications were in error
    as a matter of law and fact. Swif-T Food Mart’s petition meets the content requirements of 35
    Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
     
    Swif-T Food Mart 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 Swif-T Food Mart may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board
    fails to take final action by the decision deadline, Swif-T Food Mart may deem its request
    granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is May 4, 2004 (the
    120th day after January 5, 2004).
    See
    35 Ill. Adm. Code 105.114. The Board meeting
    immediately before the decision deadline is scheduled for April 15, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by February 4, 2004, which is 30 days after Swif-T Food Mart 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 January 8, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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