ILLINOIS POLLUTION CONTROL BOARD
    January 8, 2004
     
    R.W. SHERIDAN OIL CO., INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-109
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On January 2, 2004, R.W. Sheridan Oil Co., Inc. (R.W. Sheridan Oil Company) timely
    filed a petition asking the Board to review a
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code
    is within the time for filing, the petition was
    105.404. The Agency approved the high priority
    with modifications, regarding R.W. Sheridan Oil Company’s
    acility at 301 South Chestnut, Le Roy, McLean County. R.W.
    at the modifications were unnecessary or
    or were unreasonable. R.W. Sheridan Oil
    ents of 35 Ill. Adm. Code 105.408. The Board
     
    R.W. Sheridan Oil Company 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 R.W. Sheridan Oil Company may extend by waiver (
    see
    35 Ill. Adm. Code 101.308).
    If the Board fails to take final action by the decision
    deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is
    May 1, 2004 (the 120th day after January 2, 2004).
    See
    35 Ill. Adm. Code 105.114. The Board
    meeting immediately before the decision deadline is scheduled for April 15, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by February 1, 2004, which is 30 days after R.W. Sheridan Oil
    Company 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 January 8, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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