ILLINOIS POLLUTION CONTROL BOARD
    December 15, 2005
     
    E & L TRUCKING COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-50
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On October 11, 2005, E & L Trucking Company (E & L) filed a petition asking the
    Board to review a September 14, 2005 determina
    the Agency found E & L’s application for
    ncerns E & L’s leaking underground petroleum
     
    On November 3, 2005, the Board issued an order partially granting an Agency motion to
    dismiss the petition. In the order, the Board accepted the matter as timely filed, pursuant to 35
    Ill. Adm. Code 105.404, but found the petition deficient. The Board directed E & L to file an
    amended petition on or before December 3, 2005.
     
    On December 2, 2005, E & L filed an amended petition for review. In the petition, E &
    L appeals on the grounds that the Agency’s decision is arbitrary, capricious, and exceeding its
    statutory and regulatory authority to conduct a full review of the application for reimbursement
    submitted by E & L. In the petition, E & L acknowledges service of the Agency’s final decision
    on September 16, 2005. E & L’s amended petition meets the content requirements of 35 Ill.
    Adm. Code 105.408. The Board accepts the petition for hearing.
     
    E & L 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 E & L may
    extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If the Board fails to take final action by the
    decision deadline, E & L may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2004).
     
    The filing of the amended petition restarted the Board’s decision deadline.
    See
    35 Ill.
    Adm. Code 105.114(b). Accordingly, the decision deadline is April 3, 2006 (the first business
    day following the 120th day after December 2, 2005).
    See
    35 Ill. Adm. Code 105.114. The
    Board meeting immediately before the decision deadline is scheduled for March 16, 2006.
     
     
    2
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by January 3, 2006, the first business day 30 days after E & L 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).
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on December 15, 2005, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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