ILLINOIS POLLUTION CONTROL BOARD
    December 18, 2003
     
    BROADUS OIL,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-31
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On September 18, 2003, the Board, at the parties’ request, extended until December 11,
    2003, the time period within which Broadus Oil may appeal an August 6, 2003 determination of
    the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill.
    Adm. Code 105.406. On December 15, 2003, Broadus Oil 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 rejected petitioner’s high priority corrective action plan regarding Broadus
    Oil’s UST site at Main and Broadway Street, Marseilles, LaSalle County. Broadus Oil appeals
    on the grounds that the Agency determination did not explain the rejection of the budget
    amendment, and because the Agency determination was in error. Broadus Oil’s petition meets
    the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for
    hearing.
     
    Broadus 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 Broadus Oil may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to
    take final action by the decision deadline, Broadus Oil may deem its request granted.
    See
    415
    ILCS 5/40(a)(2) (2002). Currently, the decision deadline is April 13, 2004 (the 120th day after
    December 15, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before
    the decision deadline is scheduled for April 1, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by January 17, 2004, which is 30 days after Broadus 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 December 18, 2003, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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