ILLINOIS POLLUTION CONTROL BOARD
    February 3, 2005
     
    RICHARD KARLOCK,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 05-127
    (UST Appeal)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On January 18, 2005, Richard Karlock timely filed a petition asking the Board to review
    a December 10, 2004 determination of the Illinois Environmental Protection Agency (Agency)
    (
    see
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.404), denying petitioners request for
    reimbursement from the Underground Storage Tank Fund. Petitioner seeks reimbursement for
    remediation at a site located at 525 Main Street, Rankin, Illinois. Petitioner appeals on the
    grounds that the Agency’s decision is “without statutory authority” and arbitrary. The petition
    meets the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for
    hearing.
     
    Petitioner 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 the 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 petitioner
    may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by
    the decision deadline, petitioner may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline is May 18, 2005 (the 120th day after January 18, 2005).
    See
    35
    Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for May 5, 2005.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record by February 18, 2005, which is 30 days after petitioner 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.
     
    2
     
     
    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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