ILLINOIS POLLUTION CONTROL BOARD
    February 5, 2004
     
    KELLER OIL COMPANY/SULLIVAN
    SUPER K,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-133
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On January 27, 2004, Keller Oil Company/Sullivan Super K (Keller Oil Company)
    timely filed a petition asking the Board to review a December 24, 2003 determination of the
    Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill.
    Adm. Code 105.402. The Agency rejected the high priority corrective action plan regarding
    Keller Oil Company’s leaking UST facility at 104 South Hamilton, Sullivan, Moultrie County.
    Keller Oil Company appeals on the grounds that the Agency failed to provide written notice of
    (1) any specific type of information that the Agency would need to complete its review; (2) the
    Sections of the Act and Board regulations that would be violated if the plan as submitted had
    been approved; and (3) reasons by the plan as submitted to the Agency would have resulted in
    violation of the Act or Board regulations. Keller Oil Company’s petition meets the content
    requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
     
    Keller 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 Keller Oil Company may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board
    fails to take final action by the decision dead
    granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is May 26, 2004 (the
    120th day after January 27, 2004).
    See
    35 Ill. Adm. Code 105.114. The Board meeting
    immediately before the decision deadline is scheduled for May 20, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by February 26, 2004, which is 30 days after Keller 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).
     
     
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    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 5, 2004, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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