ILLINOIS POLLUTION CONTROL BOARD
    November 2, 2006
    VILLAGE OF WILMETTE,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-27
    (UST Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On October 23, 2006, the Village of Wilmette (Wilmette) timely filed a petition asking
    the Board to review a September 12, 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,
    citing its previous issuance of a No Further Remediation (NFR) letter for the site, rejected the
    High Priority Corrective Action Plan budget amendment request regarding an underground
    storage tank site at 720 Ridge Road County.
    Wilmette appeals on the ground that it was arbitrary and capricious of the Agency to
    reject the budget proposal, which was less than previous approved amounts. Wilmette’s petition
    meets the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for
    hearing. The Board notes that, although the Agency may have declined to recommend grant of a
    90-day extension of the appeal period, by statute the Agency is the party respondent in this
    action. (See Petition, para. 5 at p. 2).
    Wilmette 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 Wilmette
    may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by
    the decision deadline, Webb may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2004).
    Currently, the decision deadline is February 20, 2007, the 120th day after October 23, 2006.
    See
    35 Ill. Adm. Code 105.114. The Board has scheduled a regular meeting for the date of February
    15, 2007.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by Wednesday, November 22, 2006, which is the first business day
    after the 30th day after Wilmette 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 November 2, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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