ILLINOIS POLLUTION CONTROL BOARD
    November 4, 2004
     
    ROYER OIL COMPANY (Sorrento Garage),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 05-16
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On August 5, 2004, the Board, at the parties’ request, extended until October 28, 2004,
    the time period within which Royer Oil Company may appeal a June 24, 2004 determination of
    the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill.
    Adm. Code 105.406. On October 28, 2004, Royer Oil Company filed a petition asking the
    Board to review the Agency’s determination. The Agency rejected petitioner’s high priority
    corrective action plan budget amendment for Royer Oil Company’s leaking underground
    petroleum storage tank facility located on Main Street, Sorrento, Bond County.
     
    inadequate to perform the corrective action work at the site and comply with the Environmental
    Protection Act, (2) the Agency failed to perform a detailed review of the revised budget in
    accordance with Subpart E of 35 Ill. Adm. Code 732, and (3) the revised costs submitted to the
    Agency are reasonable and necessary to complete the work. Royer Oil Company’s petition
    meets the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for
    hearing.
     
    Royer 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 Royer 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, Royer Oil Company may deem its request
    granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is February 25, 2005
    (the 120th day after October 28, 2004).
    See
    35 Ill. Adm. Code 105.114. The Board meeting
    immediately before the decision deadline is scheduled for February 17, 2005.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by November 27, 2004, which is 30 days after Royer 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
     
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    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 November 4, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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