ILLINOIS POLLUTION CONTROL BOARD
    March 3, 2005
     
    MIDWEST PETROLEUM COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 05-155
    (UST Appeal)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On February 16, 2005, Midwest Petroleum Company (Midwest Petroleum) timely filed a
    petition asking the Board to review a January 11, 2005 determination of the Illinois
    Environmental Protection Agency (Agency), received by Midwest Petroleum on January 17,
    2005.
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.404.
     
    The Agency denied certain costs contained in Midwest Petroleum’s application for
    payment from the Underground Storage Tank Fund (UST) regarding an underground storage
    tank site 529 Maple Street, St. Clair County. Midwest Petroleum appeals on the grounds that the
    contested costs in its application for payment were reasonable, justifiable, necessary, consistent
    with generally accepted engineering practices, and eligible for reimbursement from the UST
    Fund. Midwest Petroleum’s petition meets the content requirements of 35 Ill. Adm. Code
    105.408. The Board accepts the petition for hearing.
     
    Midwest Petroleum 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) (2002)), which
    only Midwest Petroleum may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board
    fails to take final action by the decision deadline, Midwest Petroleum may deem its request
    granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is June 16, 2005 (the
    120th day after February 16, 2005).
    See
    35 Ill. Adm. Code 105.114. A Board meeting is
    scheduled on the date of the current decision deadline, June 16, 2005.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by March 18, 2005, which is 30 days after Midwest Petroleum 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 March 3, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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