ILLINOIS POLLUTION CONTROL BOARD
    August 8, 2002
    SMOOT OIL COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 02-196
    (UST Fund)
    ORDER OF THE BOARD (by C.A. Manning):
    On May 16, 2002, the Board, at the parties’ request, extended until August 2, 2002, the
    time period within which Smoot Oil Company (Smoot) may appeal a March 29, 2002
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40
    (a)(1) (2000)
    amended
    by P.A. 92-0574, eff. June 26, 2002; 35 Ill. Adm. Code 105.406. On
    August 1, 2002, Smoot filed a petition asking the Board to review the Agency’s determination.
    The Agency denied part of Smoot’s request for reimbursement from the Underground
    Storage Tank Fund regarding a leaking underground storage tank at I-57 and Dongola Road,
    Dongola, Union County. Smoot appeals on several grounds, including the Agency’s allegedly
    erroneous denial of costs it deemed to be excessive or unreasonable. Smoot’s petition meets
    the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for
    hearing.
    Smoot 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)
    amended
    by P.A. 92-
    0574, eff. June 26, 2002), which only Smoot may extend by waiver (
    see
    35 Ill. Adm. Code
    101.308). If the Board fails to take final action by the decision deadline, Smoot may deem its
    request granted.
    See
    415 ILCS 5/40(a)(2) (2000)
    amended
    by P.A. 92-0574, eff. June 26,
    2002. Currently, the decision deadline is November 29, 2002 (the 120th day after August 1,
    2002).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision
    deadline is scheduled for November 21, 2002.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the
    entire record of its determination by August 31, 2002, which is 30 days after Smoot 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
    2
    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 August 8, 2002, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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