ILLINOIS POLLUTION CONTROL BOARD
    May 6, 2004
     
    WEWS, L.P. (the Boye Needle Facility),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-128
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On February 5, 2004, the Board, at the parties’ request, extended until April 22, 2004, the
    time period within which WEWS, L.P. (Boye Needle Facility) may appeal a December 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 April 22, 2004, WEWS filed a petition asking
    the Board to review the Agency’s determination. The Agency approved petitioner’s request for
    reimbursement from the UST Fund, with modifications for the Boye Needle Facility’s leaking
    underground petroleum storage tank facility located at 4343-4357 North Ravenswood, Chicago,
    Cook County.
     
    WEWS appeals on the grounds that the costs submitted to the Agency were reasonable,
    they were costs for activities undertaken in response to a confirmed release, and the costs were
    reimbursable under the Act. The Boye Needle Facility’s petition meets the content requirements
    of 35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
     
    WEWS 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 Boye
    Needle Facility may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take
    final action by the decision deadline, the Boye Needle Facility may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is August 20, 2004 (the 120th
    day after April 22, 2004).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately
    before the decision deadline is scheduled for August 19, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by May 29, 2004, which is 30 days after the Boye Needle Facility
    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 May 6, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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