ILLINOIS POLLUTION CONTROL BOARD
    October 7, 2004
    L. KELLER OIL COMPANY/MOWEAQUA,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 05-62
    (UST Appeal)
    ORDER OF THE BOARD (by J.P. Novak):
    On September 29, 2004, L. Keller Oil Company timely filed a petition asking the Board
    to review an August 25, 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 high priority corrective action plan budget for L. Keller Oil Company’s leaking
    underground petroleum storage tank facility located at 201 South Main, Moweaqua, Shelby
    County.
    L. Keller Oil Company appeals on the grounds, among others, that the costs are
    reasonable and necessary to comply with minimum required activities at the site. L. Keller Oil
    Company’s petition meets the content requirements of 35 Ill. Adm. Code 105.408. The Board
    accepts the petition for hearing.
    L. 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 L. 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 deadline, L. Keller Oil Company may deem its
    request granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is January 27,
    2005 (the 120th day after September 29, 2004).
    See
    35 Ill. Adm. Code 105.114. The Board
    meeting immediately before the decision deadline is scheduled for January 20, 2005.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by November 6, 2004, which is 30 days after L. 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).
    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 October 7, 2004, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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