ILLINOIS POLLUTION CONTROL BOARD
    March 18, 2004
     
    KELLER OIL/CENTRALIA,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-156
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On March 12, 2004, Keller Oil/Centralia timely filed a petition asking the Board to
    review a February 13, 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 approved
    petitioner’s request for reimbursement from the Underground Storage Tank Fund, with
    modifications, for Keller Oil/Centralia’s leaking underground petroleum storage tank facility
    located at 900 South Locust, Centralia, Marion County.
     
    Keller Oil/Centralia appeals on the grounds that the costs submitted to the Agency were
    reasonable and of the types that are eligible for reimbursement. Keller Oil/Centralia’s petition
    meets the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for
    hearing.
     
    Keller Oil/Centralia 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 Oil/Centralia may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board
    fails to take final action by the decision deadline, Keller Oil/Centralia may deem its request
    granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is July 10, 2004 (the
    120th day after March 12, 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 11, 2004, which is 30 days after Keller Oil/Centralia 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 March 18, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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