ILLINOIS POLLUTION CONTROL BOARD
    October 19, 2006
    ESTATE OF WILLIAM EGGERT,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-22
    (UST Appeal)
    ORDER OF THE BOARD (by A.S. Moore):
    On October 5, 2006, the Estate of William Eggert (the Estate) timely filed a petition
    asking the Board to review an August 31, 2006, determination of the Illinois Environmental
    Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2004); 35 Ill. Adm. Code 105.404. The
    Agency determined that the Estate’s underground storage tank (UST) incident is not subject to
    Title XVI of the Environmental Protection Act (Act) (415 ILCS 5/57-57.17 (2004)) or 35 Ill.
    Adm. Code 731. Specifically, the Agency determined that, since the Estate’s UST system was
    removed more than five years before reporting the incident, the Agency could not confirm that
    contamination at the Estate’s site resulted from that system. The Agency’s determination
    concerns a UST site located at 3917 South California in Chicago, Cook County.
    The Estate appeals on the grounds that the UST incident is subject to Title XVI of the Act
    and 35 Ill. Adm. Code 731. The Estate’s petition meets the content requirements of 35 Ill. Adm.
    Code 105.408. The Board accepts the petition for hearing.
    The Estate 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 the Estate may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take
    final action by the decision deadline, the Estate may deem its request granted.
    See
    415 ILCS
    5/40(a)(2) (2004). Currently, the decision deadline is February 2, 2007 (the 120th day after the
    Estate filed its petition).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately
    before the decision deadline is scheduled for February 1, 2007.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by Monday, November 6, 2006, which is the first business day after
    the 30th day after the Estate filed its 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 October 19, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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