ILLINOIS POLLUTION CONTROL BOARD
    March 16, 2006
     
    GATEWAY FS, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-76
    (UST Appeal)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On November 17, 2005, at the parties’ request, the Board extended until March 3, 2006,
    the time period for Gateway FS, Inc. (Gateway FS) to appeal an October 27, 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 7, 2006, Gateway FS 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 modified the high priority corrective action plan budget for
    Gateway FS’s leaking underground petroleum storage tank facility located at 219 North Rapp
    Street, Columbia, Monroe County.
     
    Gateway FS appeals on the grounds that (1) the budget as submitted to the Agency was
    “reasonable, justifiable, necessary, consistent with generally accepted engineering practices, and
    eligible for reimbursement” (Pet. at 5); and (2) the Agency’s modification of the budget was
    “without technical justification and was therefore arbitrary and capricious.” Pet. at 4. Gateway
    FS’s petition meets the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts
    the petition for hearing.
     
    Gateway FS 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 Gateway FS may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to
    take final action by the decision deadline, Gateway FS may deem its request granted.
    See
    415
    ILCS 5/40(a)(2) (2004). Currently, the decision deadline is July 5, 2006 (the 120th day after
    March 7, 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 April 6, 2006, which is 30 days after Gateway FS filed the
    petition. 35 Ill. Adm. Code 105.410(a). If the Agency wishes to seek additional time to file the
     
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    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 March 16, 2006, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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