ILLINOIS POLLUTION CONTROL BOARD
    December 4, 2003
     
    KNAPP OIL COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-87
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On December 1, 2003, Knapp Oil Company timely filed a petition asking the Board to
    review an October 24, 2003 determination of the Illinois Environmental Protection Agency
    (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.402. Because the postmark
    date of the petition is within the time for filing, the petition was timely filed. 35 Ill. Adm. Code
    101.300(b)(2), 105.404. The Agency rejected the amended high priority corrective action plan
    budget regarding Knapp Oil Company’s underground petroleum storage facility 1117 East 5th
    Street, Metropolis, Massac County. Knapp Oil Company appeals on the grounds that the
    Agency determination was without merit and was arbitrary and capricious. Knapp Oil
    Company’s petition meets the content requirements of 35 Ill. Adm. Code 105.408. The Board
    accepts the petition for hearing.
     
    Knapp 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 Knapp 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, Knapp Oil Company may deem its request
    granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is March 30, 2004
    (the 120th day after December 1, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting
    immediately before the decision deadline is scheduled for March 18, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by December 31, 2003, which is 30 days after Knapp 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 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 December 4, 2003, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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