ILLINOIS POLLUTION CONTROL BOARD
    July 10, 2003
     
    CADY OIL CO.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-177
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On April 3, 2003, the Board, at the parties’ request, extended until June 26, 2003, the
    time period within which Cady Oil Co. (Cady Oil) may appeal a February 21, 2003
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2002); 35 Ill. Adm. Code 105.406. On June 26, 2003, Cady Oil filed a petition
    asking the Board to review the Agency’s determination. At issue is the Agency’s approval of the
    high priority site investigation corrective action plan, with modifications, regarding Cady Oil’s
    underground storage tank site located at 2520 North Sterling Avenue, Peoria, Peoria County.
    Cady Oil is appealing on the grounds that the corrective action plan and budget were reasonable,
    customary, and necessary and in full compliance with applicable statutes and regulations. Cady
    Oil’s petition meets the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts
    the petition for hearing.
     
    Cady Oil 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 Cady Oil
    may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by
    the decision deadline, Cady Oil may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline is October 24, 2003 (the 120th day after June 26, 2003).
    See
    35
    Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for October 16, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by July 26, 2003, which is 30 days after Cady Oil 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 July 10, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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