ILLINOIS POLLUTION CONTROL BOARD
    March 15, 2007
    BOB’S SERVICE CENTER, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-82
    (UST Appeal)
    ORDER OF THE BOARD (by T.E. Johnson):
    On February 28, 2007, Bob’s Service Center, Inc. (Bob’s) filed a petition asking the
    Board to review a January 25, 2007 determination of the Illinois Environmental Protection
    Agency (Agency) (415 ILCS 5/40(a)(1) (2004)); 35 Ill. Adm. Code 105.404. At issue is the
    Agency’s rejection of $5,115.81 from an application for payment from the underground storage
    fund for corrective action performed at Bob’s’ facility located at 532 Highway 3 in St. Clair
    County.
    Bob’s appeals on the grounds that the Agency’s contention that the cost analysis
    submitted by Bob’s lack supporting documentation is erroneous, arbitrary and capricious. Pet. at
    2. Bob’s asserts that it submitted the required documentation, but that it was ignored by the
    Agency.
    Id
    . Bob’s also argues that the Agency’s contention that it cannot determine if the
    $5,115.81 will be used for corrective action activities in excess of those required to meet the
    minimum requirements of Title XVI of the Illinois Environmental Protection Act is erroneous,
    arbitrary and capricious.
    Id
    .
    The Board finds that Bob’s’ petition meets the content requirements of 35 Ill. Adm. Code
    105.408, and accepts the petition for hearing.
    Bob’s 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 Bob’s may
    extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If the Board fails to take final action by the
    decision deadline, Bob’s may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2004).
    Currently, the decision deadline is June 28, 2007 (the 120th day after February 28, 2007).
    See
    35
    Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for June 21, 2007.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by March 30, 2007, the first business day 30 days after Bob’s filed
    2
    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.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on March 15, 2007, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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