ILLINOIS POLLUTION CONTROL BOARD
    March 18, 2004
     
    ELSTON/WEBSTER, LP and
    RENAISSANCE REALTY GROUP LLC,
     
    Petitioners,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-155
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On March 12, 2004, Elston/Webster, LP and Renaissance Realty Group LLC (petitioners)
    timely filed a petition asking the Board to review a February 9, 2004 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 petitioner’s high priority corrective action plan, with
    modifications, for the petitioners’ leaking underground petroleum storage tank facility located at
    2211 North Elston Avenue, Chicago, Cook County.
     
    The petitioners appeal on the grounds that the modifications to the plan were improper. The
    petitioners’ petition meets the content requirements of 35 Ill. Adm. Code 105.408. The Board
    accepts the petition for hearing.
     
    The petitioners have 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 the petitioners may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to
    take final action by the decision deadline, the petitioners may deem its request granted.
    See
    415
    ILCS 5/40(a)(2) (2002). Currently, the decision deadline is July 10, 2004 (the 120th day after
    March 12, 2004).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the
    decision deadline is scheduled for July 8, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by April 11, 2004, which is 30 days after the petitioners 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).
     
     
     
    2
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on March 18, 2004, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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