ILLINOIS POLLUTION CONTROL BOARD
    March 3, 2005
     
    WILLIAM BREUER,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 05-108
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On December 16, 2004, the Board, at the parties’ request, extended until March 3, 2005,
    the time period within which William Breuer may appeal an October 26, 2003 determination of
    the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill.
    Adm. Code 105.406. On February 16, 2005, William Breuer filed a petition asking the Board to
    review the Agency’s determination. The Agency modified petitioner’s high priority corrective
    action plan for William Breuer’s leaking underground petroleum storage tank facility located at
    Highway 177 and Hoyleton-Hoffman Road, Hoyleton, Washington County.
     
    William Breuer appeals on the grounds that the Agency adjustment was unreasonable,
    arbitrary, and capricious. William Breuer’s petition meets the content requirements of 35 Ill.
    Adm. Code 105.408. The Board accepts the petition for hearing.
     
    William Breuer 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 William Breuer may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails
    to take final action by the decision deadline, William Breuer may deem its request granted.
    See
     
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is June 6, 2005 (the 120th day
    after February 16, 2005).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately
    before the decision deadline is scheduled for June 2, 2005.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by March 18, 2005, which is 30 days after William Breuer 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 March 3, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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