ILLINOIS POLLUTION CONTROL BOARD
    April 1, 2004
     
    KELLER OIL PROPERTIES, INC.
    (May 1, 2000 to August 31, 2000)
    (July 1, 2000 to March 31, 2001)
    (July 1, 2001 to March 31, 2002)
    (October 1, 1999 to July 1, 2000)
    (July 1, 2000 to March 31, 2001)
    (May 1, 2000 to June 30, 2002),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-129
    PCB 03-130
    PCB 03-131
    PCB 03-136
    PCB 03-137
    PCB 04-171
    (UST Appeal)
    (Consolidated)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On March 25, 2004, Keller Oil Properties, Inc. (Keller Oil) timely filed a petition asking
    the Board to review a March 1, 2004 determination of the Illinois Environmental Protection
    Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.402. The costs were
    incurred for the period May 1, 2000 through June 30, 2002. The Agency denied reimbursement
    of certain corrective action costs regarding Keller Oil’s underground storage tank site located at
    419 West Lincoln, Charleston, Coles County.
     
    Keller Oil appeals on the grounds that the costs submitted to the Agency were corrective
    action costs, the costs were reasonable, and the costs were of the types that are eligible for
    reimbursement. Keller Oil’s petition meets the content requirements of 35 Ill. Adm. Code
    105.408. The Board accepts the petition for hearing.
     
    Keller Oil 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 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 may deem its request granted.
    See
    415 ILCS
    5/40(a)(2) (2002). Currently, the decision deadline is July 23, 2004 (the 120th day after March
    25, 2004).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision
    deadline is scheduled for July 22, 2004.
     
     
    2
    On March 25, 2004, Keller Oil filed a motion to consolidate the newly filed petition
    (PCB 04-171) with the previously consolidated petitions (PCB 03-129, PCB 03-130, PCB 03-
    131, PCB 03-136, and PCB 03-137). The previously consolidated petitions cover costs that were
    incurred for five separate periods: May 1, 2000 to August 31, 2000 for PCB 03-129; July 1,
    2000 to March 31, 2001 for PCB 03-130; July 1, 2001 to March 31, 2002 for PCB 03-131;
    October 1, 1999 to July 1, 2000 for PCB 03-136; and July 1, 2000 to March 31, 2001 for PCB
    03-137. In support of its motion, Keller Oil asserts that all six petitions relate to the same
    leaking underground storage tanks, but reflect different periods of time, and that consolidated
    consideration and decision on the petitions will result in a more expeditious and complete
    determination of the issues involved, without prejudice to any party involved. On July 25, 2003,
    Keller Oil filed an open waiver of the decision deadlines on the petitions involved in dockets
    PCB 03-129, PCB 03-130, PCB 03-131, PCB 03-136, and PCB 03-137.
     
    The motion for consolidation of docket PCB 04-171 with consolidated dockets PCB 03-
    129, PCB 03-130, PCB 03-131, PCB 03-136, and PCB 03-137 is granted. The due date for
    decision in this consolidated docket will be determined based on the filing date of the earliest
    petitions filed for which Keller Oil has not filed waivers of the decision deadline: PCB 04-171.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by April 24, 2004, which is 30 days after Keller Oil 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).
     
    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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