ILLINOIS POLLUTION CONTROL BOARD
    November 4, 2004
    WISEMAN/PJ’S SHORTSTOP,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 05-77
    (UST Appeal)
    ORDER OF THE BOARD (by J.P. Novak):
    On November 1, 2004, Wiseman/PJ’s Shortstop timely filed a petition asking the Board
    to review a September 29, 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 budget, with modifications, for Wiseman/PJ’s
    Shortstop’s leaking underground petroleum storage tank facility located at Illinois Route 1 and
    U.S. Highway 36, Chrisman, Edgar County.
    Wiseman/PJ’s Shortstop appeals on the grounds that the costs as submitted to the Agency
    were reasonable, justifiable, necessary, consistent with generally accepted engineering practices,
    and eligible for reimbursement, and the Agency’s failure to approve the costs as submitted was
    arbitrary and unreasonable. Wiseman/PJ’s Shortstop’s petition meets the content requirements
    of 35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
    Wiseman/PJ’s Shortstop 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 Wiseman/PJ’s Shortstop may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If
    the Board fails to take final action by the decision deadline, Wiseman/PJ’s Shortstop may deem
    its request granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is
    February 28, 2005 (the 120th day after November 1, 2004).
    See
    35 Ill. Adm. Code 105.114. The
    Board meeting immediately before the decision deadline is scheduled for February 17, 2005.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by December 1, 2004, which is 30 days after Wiseman/PJ’s Shortstop
    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 November 4, 2004, by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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