ILLINOIS POLLUTION CONTROL BOARD
    September 2, 2004
     
    JOHNSON OIL COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-183
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On May 6, 2004, the Board, at the parties’ request, extended until July 15, 2004, the time
    period within which Johnson Oil Company may appeal a March 12, 2004 determination of the
    Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill.
    Adm. Code 105.406. On July 15, 2004, Johnson Oil Company filed a petition asking the Board
    to review the Agency’s determination. The Agency approved petitioner’s amended high priority
    corrective action plan and budget, with modifications, for Johnson Oil Company’s leaking
    ted at 901 N. Vermilion St., Danville, Vermilion
     
    By an order dated July 22, 2004, the Board accepted Johnson Oil Company’s petition as
    timely filed but found the petition deficient. The Board ordered Johnson Oil Company to file a
    new petition on or before August 23, 2004, finding that the corporation could not be represented
    by its manager.
    See
    35 Ill. Adm. Code 101.400(a)(2). The Board stated that its decision
    deadline would recommence with the filing of an amended petition.
     
    Johnson Oil Company filed an amended petition on August 23, 2004 that is signed by an
    attorney in Indianapolis, Indiana. Accompanying the petition is a motion of R. Ronalds, Walker,
    an attorney licensed to practice law in Illinois to admit attorney John D. Moriarity, of Plews
    Shadley Racher & Braun, an attorney licensed to practice in Indiana, as counsel
    pro hac vice
    .
    Accompanying the motion is the affidavit of John D. Moriarity reciting his qualifications to
    appear before the Board.
     
    The Board hereby grants the motion for John D. Moriarity to appear
    pro hac vice
    before
    the Board. The Board accepts the amended petition for review.
     
    Johnson Oil Company appeals on the grounds that the budget approved by the Agency is
    arbitrary, capricious, and not based on corrective action activities in the approved high priority
    corrective action plan, and that that budget is less than is necessary to complete the corrective
    action.
     
     
    2
    Johnson 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 Johnson 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, Johnson Oil Company may deem its request
    granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is December 23,
    2004 (the 120th day after August 23, 2004).
    See
    35 Ill. Adm. Code 105.114. The Board meeting
    immediately before the decision deadline is scheduled for December 16, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by September 22, 2004, which is 30 days after Johnson 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).
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on September 2, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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