ILLINOIS POLLUTION CONTROL BOARD
    January 5, 2006
     
    ILLINOIS STATE TOLL HIGHWAY
    AUTHORITY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-37
    (UST Appeal)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On September 15, 2005, the Board, at the parties’ request, extended until December 19,
    2005, the time period within which Illinois State Toll Highway Authority may appeal an August
    10, 2005 determination of the Illinois Environmental Protection Agency (Agency).
    See
    415
    ILCS 5/40(a)(1) (2004); 35 Ill. Adm. Code 105.406. On December 19, 2005, Illinois State Toll
    Highway Authority filed a petition asking the Board to review the Agency’s determination. The
    Agency rejected the high priority correctiv
    storage tank facility located at the Lincoln
    South Holland, Cook County.
     
    Illinois State Toll Highway Authority appeals on the grounds that Illinois State Toll
    Highway Authority’s high priority corrective action completion report was completed in
    accordance with the requirements of Title XVI of the Environmental Protection Act (415 ILCS
    5/Title XVI (2004) and 35 Ill. Adm. Code 732.409, and the bases asserted by the Agency for
    rejection are (1) inadequate and do not form a sufficient basis for rejection; and (2) inaccurate
    because the Agency-requested information was contained within the report or was previously
    submitted to the Agency. Illinois State Toll Highway Authority’s petition meets the content
    requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
     
    Illinois State Toll Highway Authority 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 Illinois State Toll Highway Authority may extend by waiver (
    see
    35 Ill.
    final action by the decision deadline, Illinois
    State Toll Highway Authority may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2004).
    Currently, the decision deadline is April 18, 2006 (the 120th day after December 19, 2005).
    See
     
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for April 6, 2006.
     
     
    2
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by January 18, 2006, which is 30 days after Illinois State Toll
    Highway Authority 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 January 5, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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