ILLINOIS POLLUTION CONTROL BOARD
    April 3, 2003
     
    R.W. SHERIDAN OIL COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-88
    (UST Appeal)
     
    ORDER OF THE BOARD (by W.A. Marovitz):
     
    On January 9, 2003, the Board, at the parties’ request, extended until March 18, 2003 the
    time period within which Sheridan Oil Company (Sheridan) may appeal a November 13, 2002
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40
    (a)(1) (2000); 35 Ill. Adm. Code 105.208(a). On March 18, 2003, Sheridan filed a petition
    asking the Board to review the Agency’s determination.
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill.
    Adm. Code 101.300(b)(2) (Sheridan’s petition, received after the deadline, is deemed filed on
    postmark date of March 18, 2003), 105.402, 105.406.
     
    The Agency modified the high priority corrective action plan regarding a leaking
    underground storage tank site at 301 South Chestnut in Le Roy, McLean County. Sheridan
    appeals on the grounds that the Agency erred in modifying Sheridan’s corrective action plan and
    in limiting Sheridan’s costs that may be reimbursed from the State UST Fund. Petition at 3-4.
    Sheridan claims that its plan is reasonable and consistent with generally accepted engineering
    practices, and that its costs of implementing the plan are eligible for Fund reimbursement.
    Id
    .
    Sheridan’s petition meets the content requirements of 35 Ill. Adm. Code 105.210. The Board
    accepts the petition for hearing.
     
    Sheridan has the burden of proof. 415 ILCS 5/40(a)(1) (2000);
    see also
    35 Ill. Adm.
    Code 105.112(a). Hearings “will be based exclusively on the record before the Agency at the
    time the permit or decision was issued.” 35 Ill. Adm. Code 105.214(a). Hearings will be
    scheduled and completed in a timely manner, consistent with the decision deadline (
    see
    415
    ILCS 5/40(a)(2) (2000)), which only Sheridan may extend by waiver (
    see
    35 Ill. Adm. Code
    101.308). If the Board fails to take final action by the decision deadline, Sheridan “may deem
    the permit issued.” 415 ILCS 5/40(a)(2) (2000). Currently, the decision deadline is July 18,
    2003 (the 120th day after March 20 receipt of Sheridan’s petition).
    See
    35 Ill. Adm. Code
    105.114. The Board meeting immediately before the decision deadline is scheduled for July 10,
    2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by April 21, 2003, which is 30 days after the Board received the
     
    2
    petition. 35 Ill. Adm. Code 105.212(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 105.212(b).
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on April 3, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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