ILLINOIS POLLUTION CONTROL BOARD
    November 1, 2001
     
    ST. JOSEPH OIL COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-24
    (UST Fund)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On September 6, 2001, the Board, at the parties’ request, extended until October 22,
    2001, the time period within which St. Joseph Oil Company (St. Joseph) may appeal a July 19,
    2001 determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2000); 35 Ill. Adm. Code 105.406. On October 22, 2001, St. Joseph filed a petition
    asking the Board to review the Agency’s determination. The Agency denied, in part, St.
    Joseph’s application for payment from the Underground Storage Tank Fund, regarding St.
    Joseph’s underground storage tank located at 221 East Warren Street, St. Joseph, Champaign
    County. St. Joseph’s petition meets the content requirements of 35 Ill. Adm. Code 105.408. The
    Board accepts the petition for hearing.
     
    St. Joseph 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 St. Joseph may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take
    final action by the decision deadline, St. Joseph may deem its request granted.
    See
    415 ILCS
    5/40(a)(2) (2000). Currently, the decision deadline is February 19, 2002 (the 120th day after
    October 22, 2001).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the
    decision deadline is scheduled for February 7, 2002.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination within 30 days after St. Joseph 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 November 1, 2001, by a vote of 6-0.
     
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    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     

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