ILLINOIS POLLUTION CONTROL BOARD
    June 5, 2003
     
    CHRONISTER OIL COMPANY d/b/a
    QUIK-N-EZ,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-122
    (UST Appeal)
     
         
     
    ORDER OF THE BOARD (by M.E. Tristano):
     
    On February 20, 2003, the Board, at the parties’ request, extended until May 12, 2003,
    the time period within which Chronister Oil Company d/b/a Quik-N-Ez (Quik-N-Ez) may appeal
    a January 3, 2003 determination of the Illinois Environmental Protection Agency (Agency).
    See
     
    415 ILCS 5/40(a)(1) (2000); 35 Ill. Adm. Code 105.406. On May 12, 2003, Quik-N-Ez filed a
    petition asking the Board to review the Agency’s determination.
     
    The Agency disallowed handling charges for a petroleum release located at 301 South
    Poplar, Pana, Christian County. Quik-N-Ez appeals on the grounds that the Agency’s rejection
    of handling charges is contrary to both the law and Agency precedent, inasmuch as the handling
    charges are reasonable and necessary for the work to be performed. Quik-N-Ez’s petition meets
    the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for
    hearing.
     
    Quik-N-Ez 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 Quik-N-Ez may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to
    take final action by the decision deadline, Quik-N-Ez may deem its request granted.
    See
    415
    ILCS 5/40(a)(2) (2002). Currently, the decision deadline is September 9, 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 12, 2003, which is 30 days after Quik-N-Ez 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.
     
    2
    Adm. Code 105.116. The record must comply with the content requirements of 35 Ill. Adm.
    Code 105.410(b).
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on June 5, 2003, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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