ILLINOIS POLLUTION CONTROL BOARD
    November 17, 2005
     
    MORGAN SOUTHERN COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-17
    (UST Appeal)
    (90-Day Extension)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On August 18, 2005, the Board, at the parties’ request, extended until November 8, 2005,
    the time period within which Morgan Southern Company may appeal a June 30, 2005
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2004); 35 Ill. Adm. Code 105.406. On November 8, 2005, Morgan Southern
    Company filed a petition asking the Board to review the Agency’s determination. The Agency
    denied reimbursement of certain costs of corrective action for Morgan Southern Company’s
    leaking underground petroleum storage tank facility located at 1579 Valencia Court, Calumet
    City, Cook County.
     
    Morgan Southern Company appeals on the grounds that weather prevented the
    completion of early action activities within the early action period prescribed in 35 Ill. Adm.
    Code 732.202(g). Morgan Southern Company’s petition meets the content requirements of 35
    Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
     
    Morgan Southern Company 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 Morgan Southern Company may extend by waiver (
    see
    If the Board fails to take final action by the decision deadline, Morgan Southern Company may
    deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2004). Currently, the decision deadline is
    March 8, 2006 (the 120th day after November 8, 2005).
    See
    35 Ill. Adm. Code 105.114. The
    Board meeting immediately before the decision deadline is scheduled for March 2, 2006.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by December 8, 2005, which is 30 days after Morgan Southern
    Company 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 November 17, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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