ILLINOIS POLLUTION CONTROL BOARD
    May 6, 2004
     
    KELLER OIL COMPANY/EDGEWOOD,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-181
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On April 13, 2004, Keller Oil Company/Edgewood (Keller) filed a petition asking the
    Board to review a March 11, 2004 determination of the Illinois Environmental Protection
    Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.404. At issue is the
    Agency’s modification of Keller’s high priority corrective action plan for Keller’s leaking
    underground petroleum storage tanks at its service station located at Route 57, Edgewood,
    Effingham County.
     
    Keller appeals on the grounds that the high priority corrective action completion report
    was reasonable, and that the Agency’s determination contains no additional information
    regarding why the Agency modified the plan or believes the costs are not reasonable. Keller’s
    petition meets the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the
    petition for hearing.
     
    Keller 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 Keller may
    extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If the Board fails to take final action by the
    decision deadline, Keller may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline is August 11, 2004 (the 120th day after April 13, 2004).
    See
    35
    Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for August 5, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by May 13, 2004, which is 30 days after Keller 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 May 6, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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