ILLINOIS POLLUTION CONTROL BOARD
    April 21, 2005
    WEBB & SONS, iNC.,
    )
    )
    Petitioner,
    )
    )
    V.
    )
    PCBO5-183
    )
    (UST Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by J.P. Novak):
    On April 6, 2005, Webb & Sons, Inc. (Webb & Sons) timely filed a petition asking the
    Board to review a March 2, 2005 determination ofthe Illinois Environmental Protection Agency
    (Agency).
    See 415
    ILCS
    5/40(a)(1)
    (2002);
    35
    Ill. Adm. Code 105.402. The Agency approved a
    corrective action plan, with modifications, for Webb & Sons’ leaking underground petroleum
    storage tank facility located at 1201 DeWitt Avenue, Mattoon, Coles County.
    Webb & Sons appeals on the grounds that the Agency’s determinations were arbitrary,
    capricious, and without statutory authority. Webb & Sons’ petition meets the content
    requirements of35 Ill. Adm. Code
    105.408.
    The Board accepts the petition forhearing.
    Webb & Sons has the burden ofproof. 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 Webb & Sons may extendby waiver
    (see
    35 Ill. Adm. Code 101.308). Ifthe Board fails to
    take final action by the decision deadline, Webb & Sons may deem its request granted.
    See
    415
    ILCS
    5/40(a)(2)
    (2002). Currently, the decision deadline is August 4, 2005 (the 120th day after
    April 6, 2005).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the
    decision deadline is scheduled for August 4, 2005.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record ofits determination by May 6, 2005, which is 30 days after Webb & Sons filed the
    petition. 35 Ill. Adm. Code 105.410(a). Ifthe Agency wishes to seek additional time to file the
    record, it must file a request for extensionbefore 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 of35 Ill.
    Adm. Code 105.410(b).
    2
    IT IS SO ORDERED.
    I, DorothyM. Gunn, Clerk ofthe Illinois Pollution Control Board, certify that the Board
    adopted the above order on April 21, 2005, by a vote of5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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