ILLINOIS POLLUTION CONTROL BOARD
    March 6, 2003
     
    CLINTON COUNTY OIL COMPANY,
    INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-75
    (UST Appeal)
     
    ORDER OF THE BOARD (by M.E. Tristano):
     
    On December 5, 2002, the Board, at the parties’ request, extended until February 20,
    2003 the time period within which Clinton County Oil Company, Inc., (petitioner) may appeal a
    October 17, 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 20, 2003, Clinton County
    Oil Company, Inc., filed a petition asking the Board to review the Agency’s determination.
     
    The Agency denied petitioners request for reimbursement from the Underground Storage
    Tank Fund] regarding an underground storage tank site at 13655 John Drive, Pierron, Madison
    County. Petitioner appeals on the grounds that the Agency’s rejection is contrary to both the law
    and Agency precedent, inasmuch as the costs are reasonable and necessary for work to be
    performed. Clinton County Oil Company Inc.’s petition meets the content requirements of 35
    Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
     
    Petitioner 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 petitioner
    may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by
    the decision deadline, petitioner may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline is June 20, 2003.
    See
    35 Ill. Adm. Code 105.114. The Board
    meeting immediately before the decision deadline is scheduled for June 19, 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 petitioner 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 March 6, 2003, 2002, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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