ILLINOIS POLLUTION CONTROL BOARD
    November 18, 2004
     
    RANDY’S SHELL,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 05-21
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On August 19, 2004, the Board, at the parties’ request, extended until November 12,
    2004, the time period within which Randy’s Shell may appeal a July 8, 2004 determination of the
    Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill.
    Adm. Code 105.406. On November 12, 2004, Randy’s Shell filed a petition asking the Board to
    review the Agency’s determination. The Agency rejected petitioner’s high priority corrective
    action plan budget for Randy’s Shell’s leaking underground petroleum storage tank facility
    located at 249 South Macon Street, in Bement, Piatt County.
     
    Randy’s Shell appeals on the grounds that (1) the Agency failed to a conduct review of
    the budget as required by the regulations; (2) the revised cost estimates are necessary to comply
    with the minimum-required activities at the site and the previously-approved costs are inadequate
    to perform the work; and (3) the requested costs are reasonable costs. Randy’s Shell’s petition
    meets the content requirements of 35 Ill. Adm.
    Code 105.408. The Board accepts the petition for
    hearing.
     
    Randy’s Shell 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 Randy’s Shell may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to
    take final action by the decision deadline, Randy’s Shell may deem its request granted.
    See
    415
    ILCS 5/40(a)(2) (2002). Currently, the decision deadline is March 12, 2005 (the 120th day after
    November 12, 2004).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before
    the decision deadline is scheduled for March 3, 2005.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by December 12, 2004, which is 30 days after Randy’s Shell 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.
     
    2
    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 18, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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