ILLINOIS POLLUTION CONTROL BOARD
    January 26, 2007
    TED’S CITGO,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-66
    (UST Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On January 18, 2007, Ted’s Citgo filed a petition asking the Board to review a December 14,
    2006 determination of the Illinois Environmental Protection Agency (Agency) (415 ILCS 5/40(a)(1)
    (2004)); 35 Ill. Adm. Code 105.404. The Agency approved Ted’s Citgo’s High Priority Corrective
    Action Plan, but modified the related Budget, for corrective action at the leaking underground
    storage tank site located at 1322 Washington Street, Waukegan, Lake County.
    Ted’s Citgo appeals on the grounds that the Agency's disallowance of $770.89 for
    professional services based on a maximum per-foot limitation on monitoring well abandonment
    costs is erroneous, arbitrary and capricious. Pet. at 2.
    The Board finds that Ted’s Citgo’s petition meets the content requirements of 35 Ill. Adm.
    Code 105.408, and accepts the petition for hearing.
    Ted’s Citgo 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, (415 ILCS 5/40(a)(2) (2004)), which only Ted’s Citgo may extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If the Board fails to take final action by the decision deadline, Ted’s
    Citgo may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2004). Currently, the decision
    deadline is May 18, 2007 (the 120th day after January 18, 2007).
    See
    35 Ill. Adm. Code 105.114.
    The Board meeting immediately before the decision deadline is scheduled for May 17, 2007.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by February 15, 2007, the first business day 30 days after Ted’s Citgo
    filed the petition. 35 Ill. Adm. Code 105.410(a). The record must comply with the content
    requirements of 35 Ill. Adm. Code 105.410(b).
    IT IS SO ORDERED.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 26, 2007, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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