ILLINOIS POLLUTION CONTROL BOARD
    August 4, 2005
     
    Q & E PROPERTIES, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-14
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On July 29, 2005, Q & E Properties, Inc. (Q & E Properties) timely filed a petition asking
    the Board to review a July 1, 2005 determination of the Illinois Environmental Protection
    Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2004); 35 Ill. Adm. Code 105.402. The Agency
    denied a request for reimbursement of certain costs of corrective action from the underground
    storage tank (UST) Fund for Q & E Properties’ leaking UST facility located at 1100 Stevenson
    Drive, Springfield, Sangamon County.
     
    Q & E Properties appeals on the grounds that the costs submitted to the Agency are
    reasonable costs of corrective action and are consistent with previously approved amounts. Q &
    E Properties’ petition meets the content requirements of 35 Ill. Adm. Code 105.408. The Board
    accepts the petition for hearing.
     
    Q & E Properties 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) (2004)), which
    only Q & E Properties may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails
    to take final action by the decision deadline, Q & E Properties may deem its request granted.
    See
     
    415 ILCS 5/40(a)(2) (2004). Currently, the decision deadline is November 26, 2005 (the 120th
    day after July 29, 2005).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately
    before the decision deadline is scheduled for November 17, 2005.
     
    Unless the Board or the hearing officer orders
    record of its determination by August 28, 2005, which is 30 days after Q & E Properties 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 August 4, 2005, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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