ILLINOIS POLLUTION CONTROL BOARD
    August 18, 2005
    WILLIAM BREUER,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 06-25
    (UST Appeal)
    ORDER OF THE BOARD (by J.P. Novak):
    On August 12, 2005, William Breuer timely filed a petition asking the Board to review a
    July 6, 2005 determination of the Illinois Environmental Protection Agency (Agency).
    See
    415
    ILCS 5/40(a)(1) (2004); 35 Ill. Adm. Code 105.402. Because the postmark date of the petition is
    within the time for filing, the petition was timely filed. 35 Ill. Adm. Code 101.300(b)(2),
    105.404. The Agency approved the third amended high priority corrective action plan, with
    modifications, for William Breuer’s leaking underground petroleum storage tank facility located
    at Highway 177 & Hoyleton-Hoffman Road, Hoyleton, Washington County.
    William Breuer appeals on the grounds that the third amended high priority corrective
    action plan was consistent with the corrective action plan originally approved by the Agency, the
    costs associated with amendment of the corrective action plan are not “excessive activities” and
    should be approved by the Agency, the Agency modifications to the budget do not relate to the
    approved means of remediation, and the Agency modifications to the budget are 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) (2004)), 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) (2004). Currently, the decision deadline is December 10, 2005 (the 120th
    day after August 12, 2005).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately
    before the decision deadline is scheduled for December 1, 2005.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by September 11, 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
    2
    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 August 18, 2005, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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