ILLINOIS POLLUTION CONTROL BOARD
    September 20, 2001
     
    L. KELLER OIL PROPERTIES, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-34
    (UST Appeal)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On September 17, 2001, L. Keller Oil Properties (Keller) timely filed a petition asking
    the Board to review an August 11, 2001 determination of the Illinois Environmental Protection
    Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2000); 35 Ill. Adm. Code 105.206(a). The Agency
    denied the corrective action plan submitted by Keller regarding its facility at 419 West Lincoln,
    Charleston, Coles County. Keller appeals on the grounds that a treatability study must be
    performed prior to the submission of a bioremediation corrective action plan, that new soil
    samples be taken as a result of new incident numbers at the site, that some groundwater samples
    be taken at nearby roadways to determine whether highway authority agreements are necessary,
    and that reports must be submitted for new incident numbers so that they relate to the corrective
    action plan. The Keller petition meets the content requirements of 35 Ill. Adm. Code 105.210.
    The Board accepts the petition for hearing.
     
    Keller has the burden of proof. 415 ILCS 5/40(a)(1) (2000);
    see also
    35 Ill. Adm. Code
    105.112(a). Hearings “will be based exclusively on the record before the Agency at the time the
    permit or decision was issued.” 35 Ill. Adm. Code 105.214(a). Hearings will be scheduled and
    completed in a timely manner, consistent with the decision deadline (
    see
    415 ILCS 5/40(a)(2)
    (2000)), 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 the permit issued.” 415
    ILCS 5/40(a)(2) (2000). Currently, the decision deadline is January 15, 2002, (the 120th day
    after September 17, 2001).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately
    before the decision deadline is scheduled for January 10, 2002.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination within 30 days after Keller filed the petition. 35 Ill. Adm. Code
    105.212(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 105.212(b).
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the above
    order was adopted on September 20, 2001, by a vote of 6-0
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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