ILLINOIS POLLUTION CONTROL BOARD
    February 6, 2003
     
    BROCK OIL COMPANY (HOOPESTON),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-62
    (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 Brock Oil Company (Brock) 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 28, 2003, Brock placed into the U.S.
    mail a petition asking the Board to review the Agency’s determination. The Board received the
    petition on January 30, 2003. Because the postmark date was on the final date of the extended
    appeal period, the petition was timely filed. 35 Ill. Adm. Code 101.300(b)(2).
     
    The Agency modified the amended site classification work plan budget (budget)
    regarding a leaking underground storage tank site 203 West Main Street in Hoopeston,
    Vermilion County. Brock appeals on the grounds that the Agency’s modification of the budget
    was arbitrary and capricious. Brock’s petition meets the content requirements of 35 Ill. Adm.
    Code 105.408. The Board accepts the petition for hearing.
     
    Brock 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 Brock may
    extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the
    decision deadline, Brock may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline is May 30, 2003 (the 120th day after January 30, 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 1, 2003, which is 30 days after Brock 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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