ILLINOIS POLLUTION CONTROL BOARD
    January 9, 2003
     
    HERR PETROLEUM CORPORATION, an
    Illinois corporation,
     
    Petitioner,
     
    v.
     
    OFFICE OF THE STATE FIRE
    MARSHAL,
     
    Respondent.
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    PCB 03-86
    (UST Fund)
     
    ORDER OF THE BOARD (by T. E. Johnson):
     
    The Board accepts for hearing Herr Petroleum Corporation’s (Herr) December 17, 2002
    timely filed petition appealing the Office of the State Fire Marshal’s (OSFM) decision to limit
    reimbursement from the Underground Storage Tank Fund.
    See
    415 ILCS 5/57.9(c)(2) (2000); 35
    Ill. Adm. Code 105.504(b). The OSFM determined that Herr has a $100,000 deductible for
    reimbursement from the Underground Storage Tank Fund regarding an underground storage tank
    site at 319 E. Main, Route 150, Knoxville, Knox County. Herr appeals on the grounds that the
    $100,000 deductible would be a severe hardship and would constitute a penalty disproportionate
    to any harm or violation. Additionally, Herr contends that the assessment of a $100,000
    deductible would constitute an unconstitutional taking and would violate Herr’s due process
    constitutional rights. Herr’s petition meets the content requirements of 35 Ill. Adm. Code
    105.506.
     
    Herr has the burden of proof. 35 Ill. Adm. Code 105.112(a). Hearings will be scheduled
    and completed in a timely manner. Unless the Board or the hearing officer orders otherwise, the
    OSFM must file the entire record of its determination within 30 days after Herr filed the petition.
    35 Ill. Adm. Code 105.508(b). If the OSFM 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 105.508(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
     

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