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).
     
     
     
    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 April 1, 2004, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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