ILLINOIS POLLUTION CONTROL BOARD
    February 6, 2003
     
    V. W. BOWMAN OIL COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-60
    (UST Appeal)
     
    ORDER OF THE BOARD (by T. E. Johnson):
     
    On November 7, 2002, the Board, at the parties’ request, extended until January 29, 2003,
    the time period within which V. W. Bowman Oil Company (Bowman Oil) may appeal a
    September 26, 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 29, 2003, Bowman Oil
    placed in the U.S. mail a petition asking the Board to review the Agency’s determination. The
    Board received the petition on January 31, 2003. Because the petition’s postmark date is on the
    deadline date for contesting the Agency decision, the petition is timely filed.
    See
    35 Ill. Adm.
    Code 101.300(b)(2). The Agency modified the high priority corrective action plan budget
    regarding a leaking underground storage tank site at Vienna and Shipping Street in Anna, Union
    County. Bowman Oil appeals on the grounds that the Agency’s decision was arbitrary and
    capricious. Bowman Oil’s petition meets the content requirements of 35 Ill. Adm. Code
    105.408. The Board accepts the petition for hearing.
     
    Bowman 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) (2002)), which
    only Bowman Oil may extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If the Board fails to
    take final action by the decision deadline, Bowman Oil may deem its request granted.
    See
    415
    ILCS 5/40(a)(2) (2002). Currently, the decision deadline is May 31, 2003 (the 120th day after
    January 31, 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 March 3, 2003, the first business day after March 2, 2003, which is
    30 days after Bowman 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. 35 Ill. Adm. Code 105.116. The record must comply
    with the content requirements of 35 Ill. Adm. Code 105.410(b).
     
     
    2
    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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