ILLINOIS POLLUTION CONTROL BOARD
    April 1, 2004
     
    ILLINOIS STATE TOLL HIGHWAY
    AUTHORITY (Des Plaines South),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
    PCB 04-103
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On January 8, 2004, the Board, at the parties’ request, extended until March 24, 2004 the
    time period within which the Illinois State Toll Highway Authority may appeal a November 18,
    2003 determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2002); 35 Ill. Adm. Code 105.406. On March 23, 2004, the 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, with
    modifications, for the Illinois State Toll Highway Authority’s leaking underground petroleum
    storage tank facility located at mile post 4.5 on the east bound Northwest Tollway, Des Plaines,
    Cook County.
     
    The Illinois State Toll Highway Authority appeals on the grounds that the costs submitted
    to the Agency were demonstrated as reasonable and necessary to execute the approved corrective
    action plan, and the Agency erroneously apportioned the costs. The 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.
     
    The 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 the 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, the Illinois
    State Toll Highway Authority may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline is July 20, 2004 (the 120th day after March 23, 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 22, 2004, which is 30 days after the Illinois State Toll
     
    2
    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
    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 April 1, 2004, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top