ILLINOIS POLLUTION CONTROL BOARD
    March 2, 2006
     
    RICHARD GOODEN,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-139
    (UST Appeal)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On February 23, 2006, Richard Gooden timely filed a petition asking the Board to review
    a January 20, 2006 determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2004); 35 Ill. Adm. Code 105.402. The Agency rejected the corrective
    action plan budget for Richard Gooden’s leaking underground petroleum storage tank facility
    located at 149 North Railroad Avenue, Paxton, Ford County.
     
    Richard Gooden appeals on the grounds that (1) the method used to break down the costs
    is a method that the Agency has approved in the past; (2) the Agency rejection of Richard
    Gooden’s budget is arbitrary and capricious; (3) the costs rejected are at a level previously
    acknowledged by the Agency as reasonable; and (4) the methods of computation used to derive
    certain of the costs are those acknowledged as acceptable by the Agency. Richard Gooden’s
    petition meets the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the
    petition for hearing.
     
    Richard Gooden 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 Richard Gooden may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails
    to take final action by the decision deadline, Richard Gooden may deem its request granted.
    See
     
    415 ILCS 5/40(a)(2) (2004). Currently, the decision deadline is June 23, 2006 (the 120th day
    after February 23, 2006).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately
    before the decision deadline is scheduled for June 15, 2006.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by March 25, 2006, which is 30 days after Richard Gooden 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 March 2, 2006, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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