ILLINOIS POLLUTION CONTROL BOARD
    January 9, 2003
     
    ILLINOIS AYERS OIL COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 03-37
    (UST Fund)
     
    ORDER OF THE BOARD (by T. E. Johnson):
     
    The Board accepts for hearing Illinois Ayers Oil Company’s (Ayers Oil) timely filed
    petition appealing the Environmental Protection Agency’s (Agency) decision. The Agency
    modified the proposed budget for Site Classification Work Plan regarding an underground
    storage tank site at 1672 North Henderson Street in Knox County. Ayers Oil appeals on the
    grounds that the Agency’s action was arbitrary and capricious. Ayers Oil’s petition meets the
    content requirements of 35 Ill. Adm. Code 105.408.
     
    On October 3, 2002, the Board, at the parties’ request, extended until December 30, 2002,
    the time period within which Ayers Oil may appeal an August 27, 2002 determination of the
    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 December 27, 2002, Ayers Oil sent its petition by certified mail to the
    Board asking the Board to review the Agency’s determination; the petition was received by the
    Board on December 31, 2002. Because the postmark date precedes the filing deadline date, the
    petition is deemed timely filed on the postmark date. 35 Ill. Adm. Code 101.300(b)(2).
     
    Ayers Oil 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 Ayers Oil may extend by waiver (
    see
    35 Ill. Adm. Code
    101.308). If the Board fails to take final action by the decision deadline, Ayers Oil 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 April 30, 2003 (the 120th day after December 31, 2002).
    See
     
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for April 17, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by January 26, 2003, which is 30 days after Ayers Oil 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.
     
    2
    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 January 9, 2003, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

    Back to top