ILLINOIS POLLUTION CONTROL BOARD
    February 3, 2005
     
    CITY OF SULLIVAN,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 05-73
    (UST Appeal)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On November 4, 2004, the Board, at the parties’ request, extended until January 17, 2005,
    the time period within which City of Sullivan may appeal a September 13, 2004 determination of
    the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill.
    Adm. Code 105.406. On January 19, 2005, City of Sullivan filed a petition asking the Board to
    review the Agency’s determination. Because the postmark date of the petition is within the
    extended time for filing, the petition was timely filed. 35 Ill. Adm. Code 101.300(b)(2),
    105.404. The Agency modified petitioner’s high priority corrective action plan budget for City
    of Sullivan’s leaking underground petroleum storage tank facility located at North Park Street,
    Sullivan, Moultrie County.
     
    City of Sullivan appeals on the grounds that the costs for which reimbursement is now
    sought, and for which the Agency denied reimbursement, were omitted from a June 11, 2004
    settlement agreement entered into between the City of Sullivan and the Agency, and that (1) the
    of the fact that the City of
    e omitted costs; and (4) the City of Sullivan
    sts included in the settlement agreement. The
    that the costs were reasonable, justifiable,
     
    City of Sullivan 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 City of Sullivan may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails
    to take final action by the decision deadline, City of Sullivan may deem its request granted.
    See
     
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is May 19, 2005 (the 120th day
     
    2
    after January 19, 2005).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before
    the decision deadline is scheduled for May 19, 2005.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by February 18, 2005, which is 30 days after City of Sullivan 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 February 3, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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