ILLINOIS POLLUTION CONTROL BOARD
    June 5. 2003
     
    DICKEY OIL COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-132
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On March 6, 2003, the Board, at the parties’ request, extended until May 27, 2003, the
    time period within which Dickey Oil Company may appeal a January 21, 2003 determination of
    the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill.
    Adm. Code 105.406. On May 28, 2003, Dickey Oil Company filed a petition asking the Board
    to review the Agency’s determination. 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.
     
    The Agency approval of the site classification work plan, with modifications, regarding
    Dickey Oil Company’s underground storage tank site located at 333 West North Avenue, Flora,
    Clay County. Dickey Oil Company appeals on the grounds that the Agency modification of the
    plan is unreasonable and inconsistent with generally accepted engineering practices. Dickey Oil
    Company’s petition meets the content requirements of 35 Ill. Adm. Code 105.408. The Board
    accepts the petition for hearing.
     
    Dickey Oil Company 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 Dickey Oil Company may extend by waiver.
    See
    35 Ill. Adm. Code 101.308). If the Board
    fails to take final action by the decision deadline, Dickey Oil Company may deem its request
    granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is September 25,
    2003 (the 120th day after May 28, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting
    immediately before the decision deadline is scheduled for September 18, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by June 27, 2003 which is 30 days after Dickey Oil Company 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
     
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    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.
     
    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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