ILLINOIS POLLUTION CONTROL BOARD
November 4, 2004
BILL CARTER d/b/a CARTER
CONVENIENCE STORE,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 05-15
(UST Appeal)
ORDER OF THE BOARD (by J.P. Novak):
On August 5, 2004, the Board, at the parties’ request, extended until October 26, 2004,
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Bill Carter appeals on the grounds that (1) the costs previously approved are inadequate
to perform the corrective action work at the site and comply with the Environmental Protection
Act (Act); (2) the Agency failed to perform a detailed review of the revised budget in accordance
with Subpart E of 35 Ill. Adm. Code 732; and (3) the revised costs submitted to the Agency are
reasonable and necessary to complete the work. Bill Carter’s petition meets the content
requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
Bill Carter 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 Bill Carter may extend by waiver (
see
35 Ill. Adm. Code 101.308). If the Board fails to
take final action by the decision deadline, Bill Carter may deem its request granted.
See
415
ILCS 5/40(a)(2) (2002). Currently, the decision deadline is February 23, 2005 (the 120th day
after October 26, 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 November 25, 2004, which is 30 days after Bill Carter 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.
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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 November 4, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board