ILLINOIS POLLUTION CONTROL BOARD
    January 22, 2004
     
    ILLINOIS STATE TOLL HIGHWAY
    AUTHORITY (Lincoln Oasis North),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-51
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On October 16, 2003, the Board, at the parties’ request, extended until January 6, 2004,
    the time period within which Illinois State Toll Highway Authority may appeal a September 3,
    2003 determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2002); 35 Ill. Adm. Code 105.406. On January 6, 2004, Illinois State Toll Highway
    Authority filed a petition asking the Board to review the Agency’s determination. The Agency
    approved petitioner’s high priority corrective action plan, with modifications, regarding Illinois
    State Toll Highway Authority’s underground storage tank site located at Tri-State Tollway (I-
    294), northbound at mile post 1.1, in South Holland, Cook County. Illinois State Toll Highway
    Authority appeals on the grounds that the remedial activities in the plan were necessary and
    appropriate and did not exceed the minimum necessary requirements of the Act and applicable
    regulations. 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 May 5, 2004 (the 120th day after January 6, 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 5, 2004, 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 January 22, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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