ILLINOIS POLLUTION CONTROL BOARD
    March 16, 2006
    BIGGS BROTHERS SERVICE CENTER,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 06-88
    (UST Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On December 15, 2005, at the parties’ request, the Board extended until March 9, 2006,
    the time period for Biggs Brothers Service Center (Biggs Brothers) to appeal a November 3,
    2005 determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2004); 35 Ill. Adm. Code 101.300(b), 105.402, 105.406. On March 13, 2006, Biggs
    Brothers filed a petition asking the Board to review the Agency’s determination. Because the
    postmark date of the petition is within the extended time for filing, the petition was timely filed.
    35 Ill. Adm. Code 101.300(b)(2), 105.404. The Agency rejected the revised amended high
    priority corrective action plan and associated budget for Biggs Brothers’ leaking underground
    petroleum storage tank facility located at 2540 Kingshighway, Fairmont City, St. Clair County.
    Biggs Brothers’ petition asserts, in essence, that the Agency rejection of the plan and
    associated budget was improper, and contrary to law and fact. Biggs Brothers’ petition meets the
    content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
    Biggs Brothers 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 Biggs Brothers may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to
    take final action by the decision deadline, Biggs Brothers may deem its request granted.
    See
    415
    ILCS 5/40(a)(2) (2004). Currently, the decision deadline is July 11, 2006 (the 120th day after
    March 13, 2006).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the
    decision deadline is scheduled for July 6, 2006.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by April 12, 2006, which is 30 days after Biggs Brothers 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 16, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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