ILLINOIS POLLUTION CONTROL BOARD
    December 20, 2007
    DAVE McGHEE,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 08-36
    (UST Appeal)
    ORDER OF THE BOARD (by A.S. Moore):
    On December 5, 2007, Dave McGhee timely filed a petition (Pet.) asking the Board to
    review a November 1, 2007 determination of the Illinois Environmental Protection Agency
    (Agency).
    See
    415 ILCS 5/40(a)(1) (2006); 35 Ill. Adm. Code 105.404. The Agency modified
    the corrective action budget regarding an underground storage tank site at 112 North Sycamore
    Street, Villa Grove, Douglas County. Mr. McGhee appeals on the grounds that “[i]t was bad
    faith, arbitrary and capricious of the Agency to reject Petitioner’s Budget proposal based upon an
    alleged lack of a detailed breakdown of all hours associated with each task, given the level of
    detail stated in the proposed Budget.” Pet. at 4. Mr. McGhee also appeals on the grounds that
    “[i]t was bad faith, arbitrary and capricious of the Agency to reject Petitioner’s Budget proposal
    based upon the Agency’s objection to an alleged lack of detail when the Agency has approved
    this same level of hourly breakdown of tasks for other projects.”
    Id
    . Mr. McGhee’s petition
    meets the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for
    hearing.
    Mr. McGhee 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) (2006)), which
    only Mr. McGhee may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to
    take final action by the decision deadline, Mr. McGhee may deem his request granted.
    See
    415
    ILCS 5/40(a)(2) (2006). Currently, the decision deadline is April 3, 2008, the 120th day after
    December 5, 2007.
    See
    35 Ill. Adm. Code 105.114. A Board meeting is scheduled for April 3,
    2008.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by January 4, 2008, which is 30 days after Mr. McGhee 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, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on December 20, 2007, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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