ILLINOIS POLLUTION CONTROL BOARD
    July 24, 2003
     
    OWENS OIL COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-192
    PCB 03-194
    PCB 03-195
    PCB 03-196
    PCB 03-197
    PCB 03-203
    (UST Appeal)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On April 16, 2003, April 18, 2003 and April 25, 2003, the Board, at the parties’ request,
    extended until July 11, 2003, the time period within which Owens Oil Company (Owens Oil)
    may appeal March 7, 2003, March 11, 2003, and March 18, 2003 determinations of the Illinois
    Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code
    105.406. On July 14, 2003, Owens Oil filed a petition for review and a motion to consolidate the
    petitions in these six named cases. All the petitions involve the same parties with the same
    names and site. The Agency denied certain costs for reimbursement regarding an underground
    storage tank site located at 401 North Main, Greenfield, Greene County. Owens Oil appeals on
    the grounds that the certain costs denied by the Agency are reasonable corrective action costs
    and eligible for reimbursement. Owens Oil’s petition meets the content requirements of 35 Ill.
    Adm. Code 105.408. The Board accepts the petition for hearing and grants the petitioner’s
    motion.
     
    Owens 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 Owens Oil may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to
    take final action by the decision deadline, Owens Oil may deem its request granted.
    See
    415
    ILCS 5/40(a)(2) (2002). Currently, the decision deadline is November 6, 2003 (the 120th day
    after April 18, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before
    the decision deadline is scheduled for October 16, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by August 10, 2003, which is 30 days after Owens 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 July 24, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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