ILLINOIS POLLUTION CONTROL BOARD
    April 1, 2004
     
    L. KELLER OIL PROPERTIES, INC./
    SALEM/KELLER OIL (Pruden’s Shell),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-168
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On March 24, 2004, L. Keller Oil Properties, Inc. (L. Keller Oil Properties) timely filed a
    petition asking the Board to review a February 24, 2004 determination of the Illinois
    Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code
    105.402. The Agency denied petitioner’s request for reimbursement of certain costs of
    corrective action for L. Keller Oil Properties’ leaking underground petroleum storage tank
    facility located at I-57 and Route 50, Salem, Marion County.
     
    L. Keller Oil Properties appeals on the grounds that the costs submitted were costs of
    corrective action, the costs were reasonable, and they are of types eligible for reimbursement. L.
    Keller Oil Properties’ petition meets the content requirements of 35 Ill. Adm. Code 105.408.
    The Board accepts the petition for hearing.
     
    L. Keller Oil Properties 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 L. Keller Oil Properties may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the
    Board fails to take final action by the decision deadline, L. Keller Oil Properties may deem its
    request granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is July 22,
    2004 (the 120th day after March 24, 2004).
    See
    35 Ill. Adm. Code 105.114. The Board meeting
    immediately before the decision deadline is scheduled for July 22, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by April 23, 2004, which is 30 days after L. Keller Oil Properties
    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 April 1, 2004, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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