ILLINOIS POLLUTION CONTROL BOARD
    February 6, 2003
     
    MIDWEST PETROLEUM COMPANY d/b/a
    GODFREY SUNOCO,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-59
    (UST Appeal)
     
    ORDER OF THE BOARD (by T. E. Johnson):
     
    On November 7, 2002, the Board, at the parties’ request, extended until January 28, 2003,
    the time period within which Midwest Petroleum Company d/b/a Godfrey Sunoco (Godfrey
    Sunoco) may appeal a September 25, 2002 determination of the Illinois Environmental
    Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.406. On
    January 27, 2003, Godfrey Sunoco placed in the U.S. mail a petition asking the Board to review
    the Agency’s determination. The Board received the petition on January 29, 2003. Because the
    petition was placed in the U.S. mail before January 28, 2003, the petition was timely filed. 35
    Ill. Adm. Code 101.300(b)(2).
     
    The Agency modified the proposed budget for the high priority corrective action plan
    regarding a leaking underground storage tank site at 5405 Godfrey Road in Godfrey, Madison
    County. Godfrey Sunoco appeals on the grounds that the Agency’s downward adjustment of the
    proposed budget was contrary to the law and Agency precedent. Godfrey Sunoco’s petition
    meets the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for
    hearing.
     
    Godfrey Sunoco 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) (2002)), which
    only Godfrey Sunoco may extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If the Board fails
    to take final action by the decision deadline, Godfrey Sunoco may deem its request granted.
    See
     
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is May 29, 2003 (the 120th day
    after January 29, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before
    the decision deadline is scheduled for May 15, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by February 26, 2003, which is 30 days after Godfrey Sunoco filed
    the petition. 35 Ill. Adm. Code 105.410(a). If the Agency wishes to seek additional time to file
     
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    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 February 6, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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