ILLINOIS POLLUTION CONTROL BOARD
    October 18, 2001
     
    AMOCO OIL COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-44
    (UST Appeal)
     
    ORDER OF THE BOARD (by R.C. Flemal):
     
    On October 2, 2001, Amoco Oil Company timely filed a petition asking the Board to
    review an August 27, 2001 determination of the Illinois Environmental Protection Agency
    (Agency).
    See
    415 ILCS 5/40(a)(1) (2000); 35 Ill. Adm. Code 105.404. The Agency denied a
    no further remediation letter request/high priority corrective action completion report regarding
    an underground storage tank site at 1010 South Waukegan Road, Lake County. Amoco Oil
    Company appeals on the grounds that the most conservative hydraulic conductivity value should
    not be incorporated in the groundwater modeling equation where more than one hydraulic
    conductivity value has been obtained. Amoco Oil Company’s petition meets the content
    requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
     
    Amoco Oil Company 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) (2000)), which
    only Amoco Oil Company may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board
    fails to take final action by the decision deadline, Amoco Oil Company may deem its request
    granted.
    See
    415 ILCS 5/40(a)(2) (2000). On October 2, 2001, Amoco Oil Company filed an
    open waiver of the statutory decision deadline.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination within 30 days after Amoco Oil Company 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 October 18, 2001, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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