ILLINOIS POLLUTION CONTROL BOARD
    May 15, 2003
     
    ILLINOIS AYERS OIL COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-214
    (UST Appeal)
     
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On May 7, 2003, Illinois Ayers Oil Company (Ayers Oil) timely filed a petition asking
    the Board to review a March 28, 2003 determination of the Illinois Environmental Protection
    Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.206(a). Because the
    postmark date of the petition is within the extended time for filing, the petition was timely filed.
    35 Ill. Adm. Code 101.300(b)(2), 105.404, 105.406. At issue is the Agency’s approval of the
    high priority site investigation corrective action plan, with modifications, regarding Illinois
    Ayers Oil’s leaking underground storage tank facility at 310 State Street, Beardstown, Cass
    County. Ayers Oil appeals on the grounds that the Agency’s reasons for rejecting the budget are
    contrary to both the law and Agency precedent. Ayers Oil’s petition meets the content
    requirements of 35 Ill. Adm. Code 105.210. 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. S
    ee
    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 September 4, 2003 (the 120th day after May 7, 2003).
    See
    35
    Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for September 4, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by June 6, 2003, 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).
     
     
    IT IS SO ORDERED.
     
    2
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on May 15, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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