ILLINOIS POLLUTION CONTROL BOARD
    February 20, 2003
     
    ILLINOIS AYERS OIL COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 03-70
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On November 21, 2003, the Board, at the parties’ request, extended until February 13,
    2003, the time period within which Illinois Ayers Oil Company (Ayers Oil) may appeal a
    October 11, 2002, determination of the Illinois Environmental Protection Agency (Agency).
    See
     
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.406. On February 13, 2003, Ayers Oil
    placed in the U.S. mail a petition asking the Board to review the Agency’s determination. The
    Board received the petition on February 18, 2003. Because the petition’s postmark date is within
    the extended filing period, the petition was timely filed.
    See
    35 Ill. Adm. Code 101.300(b)(2).
    The Agency rejected the high priority corrective action plan and associated budget regarding a
    leaking underground storage tank site at 310 State Street in Beardstown, Cass County. Ayers Oil
    appeals on the grounds that the Agency’s determination was contrary to the law and Agency
    precedent. Ayers Oil’s petition meets the content requirements of 35 Ill. Adm. Code 105.408.
    The Board accepts the petition for hearing.
     
    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) (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) (2002).
    Currently, the decision deadline is June 18, 2003 (the 120th day after February 18, 2003).
    See
    35
    Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for June 5, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by March 20, 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.
    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 20, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

    Back to top