ILLINOIS POLLUTION CONTROL BOARD
    April 20, 2006
     
    ARLYN’S SERVICE CENTER,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 06-130
    (UST Appeal)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On January 19, 2006, the Board, at the parties’ request, extended until April 13, 2006 the
    time period within which Arlyn’s Service Center may appeal a December 7, 2005 determination
    of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2004); 35
    Ill. Adm. Code 105.406. On April 10, 2006, Arlyn’s Service Center filed a petition asking the
    Board to review the Agency’s determination. The Agency denied certain costs of corrective
    action for Arlyn’s Service Center’s leaking underground petroleum storage tank facility located
    at 210 East Pine, Percy, Randolph County.
     
    Arlyn’s Service Center appeals on the grounds that the Agency finding that costs were
    not eligible for reimbursement was in error as a matter of fact and law. Arlyn’s Service Center’s
    petition meets the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the
    petition for hearing.
     
    Arlyn’s Service Center 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 Arlyn’s Service Center may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the
    Board fails to take final action by the decision deadline, Arlyn’s Service Center may deem its
    request granted.
    See
    415 ILCS 5/40(a)(2) (2004). Currently, the decision deadline is August 8,
    2006 (the 120th day after April 10, 2006).
    See
    35 Ill. Adm. Code 105.114. The Board meeting
    immediately before the decision deadline is scheduled for August 3, 2006.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by May 10, 2006, which is 30 days after Arlyn’s Service Center 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 April 20, 2006, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top