ILLINOIS POLLUTION CONTROL BOARD
    November 18, 2004
     
    L. KELLER OIL PROPERTIES
    (DOWNTOWN SHELL),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 05-22
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On August 19, 2004, the Board, at the parties’ request, extended until November 3, 2004,
    the time period within which L. Keller Oil Properties may appeal a June 30, 2004 determination
    of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35
    Ill. Adm. Code 105.406. On November 3, 2004, L. Keller Oil Properties filed a petition asking
    the Board to review the Agency’s determination. Because the postmark date of the petition is
    within the extended time for filing, the petition was timely filed. 35 Ill. Adm. Code
    101.300(b)(2), 105.404. The Agency rejected petitioner’s sixth amendment to the high priority
    corrective action plan budget for L. Keller Oil Properties’s leaking underground petroleum
    storage tank facility located at 203 South Third Street, and Fayette Avenue, in Effingham,
    Effingham County.
     
    L. Keller Oil Properties appeals on the grounds that (1) the costs submitted are reasonable
    costs of corrective action; and (2) the Agency rejection of the budget amendment was arbitrary
    and capricious. 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 March 3,
    2005 (the 120th day after November 3, 2004).
    See
    35 Ill. Adm. Code 105.114. The Board
    meeting immediately before the decision deadline is scheduled for March 3, 2005.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by December 3, 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
     
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    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 November 18, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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