ILLINOIS POLLUTION CONTROL BOARD
    March 18, 2004
     
    JEAN MATHISON and ROCKFORD
    STOP-N-GO, INC.,
     
    Petitioners,
     
    v.
     
    OFFICE OF THE STATE FIRE
    MARSHAL and ILLINOIS
    ENVIRONMENTAL PROTECTION
    AGENCY,
     
    Respondents.
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    PCB 04-146
    (UST Fund)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On March 3, 2004, Jean Mathison and Rockford Stop-N-Go, Inc (petitioners) timely filed
    a petition asking the Board to review a January 26, 2004 determination of the Office of the State
    Fire Marshal (OSFM).
    See
    415 ILCS 5/57.9(c)(2) (2002); 35 Ill. Adm. Code 105.504(b). The
    OSFM determined that petitioners have a $100,000 deductible for reimbursement from the
    Underground Storage Tank Fund regarding an underground storage tank (UST) site located at
    4550 Illinois Route 173, Poplar Grove, Boone County. Petitioners appeal on the grounds that
    five of the tanks on the site were registered prior to July 28, 1989, and two additional tanks,
    including the leaking UST, were discovered during removal on February 22, 1990. The
    deductible is the only subject of this appeal.
     
    Petitioners’ also named the Illinois Environmental Protection Agency (Agency) as a
    respondent in the petition. The petition meets the content requirements of 35 Ill. Adm. Code
    105.506; however, the Agency is not a proper respondent to this proceeding (
    see
    415 ILCS
    5/57.9(c)(2) (2002); 35 Ill. Adm. Code 105.504(a)). Therefore, the Board accepts the petition for
    hearing and strikes the Agency as a respondent. The caption in all future filings and orders will
    not include the Agency as a respondent.
     
    Petitioners have the burden of proof. 35 Ill. Adm. Code 105.112(a). Hearings will be
    scheduled and completed in a timely manner. Unless the Board or the hearing officer orders
    otherwise, the OSFM must file the entire record of its determination within 30 days after
    petitioners filed the petition. 35 Ill. Adm. Code 105.508(b). If the OSFM 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 105.508(b).
     
    IT IS SO ORDERED.
     
     
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    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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