ILLINOIS POLLUTION CONTROL BOARD
    January 8, 2009
    HUFFMAN’S SERVICE,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 09-28
    (UST Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On October 23, 2008, the Board, at the parties’ request, extended until December 18,
    2008, the time period within which Huffman’s Service may appeal a September 12, 2008
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2000); 35 Ill. Adm. Code 105.208(a). On December 16, 2008, Huffman’s Service
    filed a petition asking the Board to review the Agency’s determination. The Agency’s
    determination concerns a leaking petroleum underground storage tank (UST) site located at Front
    and Russell Streets in Alexander County. The Agency denied Huffman’s Service reimbursement
    from the UST Fund in the amount of $73,198.89.
    Huffman’s Service appeals on the grounds that the Agency’s decision to reject the
    reimbursement is not supported by “statute, regulations or the Agency’s own forms.”
    Specifically, Huffman’s Service claims that the Agency sought additional information that was
    not requested on the Agency’s forms and the information requested is not required by the
    regulations. Huffman’s Service’s petition meets the content requirements of 35 Ill. Adm. Code
    105.408. The Board accepts the petition for hearing.
    Huffman’s Service 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 Huffman’s Service may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board
    fails to take final action by the decision deadline, Huffman’s Service may deem its request
    granted.
    See
    415 ILCS 5/40(a)(2) (2006). Currently, the decision deadline is April 15, 2009 (the
    first business day following the 120th day after December 18, 2008).
    See
    35 Ill. Adm. Code
    105.114. The Board meeting immediately before the decision deadline is scheduled for April 2,
    2009.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by January 15, 2009 which is 30 days after Huffman’s Service filed
    the petition. 35 Ill. Adm. Code 105.410(a). If the Agency wishes to seek additional time to file
    2
    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).
    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 January 8, 2009, by a vote of 5-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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