ILLINOIS POLLUTION CONTROL BOARD
April 1, 2004
L. KELLER OIL PROPERTIES, INC./
EFFINGHAM/DOWNTOWN SUPER K,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 04-167
(UST Appeal)
ORDER OF THE BOARD (by J.P. Novak):
On March 23, 2004, L. Keller Oil Properties, Inc. (L. Keller Oil Properties) timely filed a
petition asking the Board to review a March 4, 2004 determination of the Illinois Environmental
Protection Agency (Agency).
See
415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.402. The
Agency denied petitioner’s request for reimbursement of certain costs of corrective action from
the Underground Storage Tank Fund for L. Keller Oil Properties’ leaking underground
petroleum storage tank facility located at 3rd & Fayette Avenue, Effingham, Effingham County.
L. Keller Oil Properties appeals on the grounds that the costs submitted were reasonable, and the
Agency denial was unreasonable, arbitrary, capricious, and without statutory authority. L. Keller
Oil Properties’ petition meets the content requirements of 35 Ill. Adm. Code 105.408. The
Board accepts the petition for hearing.
L. Keller Oil Properties 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 L. Keller Oil Properties may extend by waiver (
see
35 Ill. Adm. Code 101.308). If the
Board fails to take final action by the decision deadline, L. Keller Oil Properties may deem its
request granted.
See
415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is July 21,
2004 (the 120th day after March 23, 2004).
See
35 Ill. Adm. Code 105.114. The Board meeting
immediately before the decision deadline is scheduled for July 8, 2004.
Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
record of its determination by April 22, 2004, which is 30 days after L. Keller Oil Properties
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 April 1, 2004, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board