ILLINOIS POLLUTION CONTROL BOARD
July 24, 2003
OWENS OIL COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 03-192
PCB 03-194
PCB 03-195
PCB 03-196
PCB 03-197
PCB 03-203
(UST Appeal)
ORDER OF THE BOARD (by G.T. Girard):
On April 16, 2003, April 18, 2003 and April 25, 2003, the Board, at the parties’ request,
extended until July 11, 2003, the time period within which Owens Oil Company (Owens Oil)
may appeal March 7, 2003, March 11, 2003, and March 18, 2003 determinations of the Illinois
Environmental Protection Agency (Agency).
See
415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code
105.406. On July 14, 2003, Owens Oil filed a petition for review and a motion to consolidate the
petitions in these six named cases. All the petitions involve the same parties with the same
names and site. The Agency denied certain costs for reimbursement regarding an underground
storage tank site located at 401 North Main, Greenfield, Greene County. Owens Oil appeals on
the grounds that the certain costs denied by the Agency are reasonable corrective action costs
and eligible for reimbursement. Owens Oil’s petition meets the content requirements of 35 Ill.
Adm. Code 105.408. The Board accepts the petition for hearing and grants the petitioner’s
motion.
Owens 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 Owens Oil may extend by waiver (
see
35 Ill. Adm. Code 101.308). If the Board fails to
take final action by the decision deadline, Owens Oil may deem its request granted.
See
415
ILCS 5/40(a)(2) (2002). Currently, the decision deadline is November 6, 2003 (the 120th day
after April 18, 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 August 10, 2003, which is 30 days after Owens 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).
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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 24, 2003, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board