ILLINOIS POLLUTION CONTROL BOARD
    September 16, 2004
     
    L. KELLER OIL PROPERTIES (Charleston),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 05-50
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On September 9, 2004, L. Keller Oil Properties timely filed a petition asking the Board to
    review an August 6, 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 rejected
    petitioner’s amended corrective action plan budget for L. Keller Oil Properties’ leaking
    underground petroleum storage tank facility located at 419 West Lincoln Avenue, Charleston,
    Coles County.
     
    L. Keller Oil Properties appeals on the grounds that (1) the budget submitted gave the
    same level of detail for costs that the Agency has historically approved; (2) the Agency request
    for documentation of certain costs was unreasonable and was an invalid rule that did not meet the
    requirements of the Administrative Procedure Act (5 ILCS 100 (2002)); (3) the Agency
    exceeded its statutory authority by re-reviewing previously approved budget items; (4) the
    Agency failed to notify L. Keller Oil Properties within 45 days that additional documentation
    was needed; and (5) the Agency’s request for detailed information was for the sole purpose of
    harassment and was an abuse of the Agency’s discretion. L. Keller Oil Properties’ petition meets
    the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for
    hearing.
     
    The September 9, 2004 petition for review was accompanied by a motion for expedited
    consideration. In its motion, L. Keller Oil Properties alleges that (1) the Agency is continuing to
    apply an invalid rule to make decisions and require additional procedures without advanced
    notice of the requirements, which creates material prejudice; and (2) the Agency’s allegedly
    illegal activities are damaging L. Keller Oil Properties because the Agency has refused to
    approve its budget as submitted and without additional information, even though the Agency has
    r documentation. The Board will grant expedited
    determination as expeditiously as procedural
     
    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
     
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    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 January 7,
    2005 (the 120th day after September 9, 2004).
    See
    35 Ill. Adm. Code 105.114. The Board
    meeting immediately before the decision deadline is scheduled for January 6, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by October 9, 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).
     
    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 16, 2004, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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