ILLINOIS POLLUTION CONTROL BOARD
    April 1, 2004
     
    WEBB & SONS, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-105
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On January 8, 2004, the Board, at the parties’ request, extended until March 29, 2004 the
    time period within which Webb & Sons, Inc. (Webb & Sons) may appeal a November 24, 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 26, 2004, Webb & Sons filed a
    petition asking the Board to review the Agency’s determination. The Agency approved request
    for reimbursement from the Underground Storage Tank Fund, with modifications, with
    modifications, for Webb & Sons’ leaking underground petroleum storage tank facility located at
    1201 DeWitt Avenue, Mattoon, Coles County.
     
    Webb & Sons appeals on the grounds that the Agency’s determination was arbitrary,
    capricious, and without statutory authority. Webb & Sons’ petition meets the content
    requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
     
    Webb & Sons 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 Webb & Sons may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to
    take final action by the decision deadline, Webb & Sons may deem its request granted.
    See
    415
    ILCS 5/40(a)(2) (2002). Currently, the decision deadline is July 24, 2004 (the 120th day after
    March 26, 2004).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the
    decision deadline is scheduled for July 22, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by April 25, 2004, which is 30 days after Webb & Sons 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 April 1, 2004, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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