ILLINOIS POLLUTION CONTROL BOARD
    July 8, 2004
     
    CRAIG’S SERVICE STATION,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-169
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On April 1, 2004, the Board, at the parties’ request, extended until June 21, 2004 the time
    period within which Craig’s Service Station (Craig’s Service) may appeal a February 17, 2004
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2002); 35 Ill. Adm. Code 105.406. On June 21, 2004, Craig’s Service filed a petition
    asking the Board to review the Agency’s determination. At issue is the Agency’s modification
    of Craig’s Service’s high priority corrective action plan budget for a leaking underground
    petroleum storage tank facility located at 905 South Morris, Bloomington, McLean County.
     
    Craig’s Service appeals on the grounds that the Agency’s determinations were arbitrary,
    capricious, without statutory authority, and contrary to the decision in Illinois Ayers Oil Co. v.
    IEPA, PCB 03-214 (Apr. 1, 2004). The petition meets the content requirements of 35 Ill. Adm.
    Code 105.408. The Board accepts the petition for hearing.
     
    Craig’s Service 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 Craig’s Service may extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If the Board fails
    to take final action by the decision deadline, Craig’s Service may deem its request granted.
    See
     
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is October 19, 2004 (the 120th day
    after June 21, 2004).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before
    the decision deadline is scheduled for October 7, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by July 21, 2004 which is 30 days after Craig’s Service 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 8, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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