ILLINOIS POLLUTION CONTROL BOARD
    November 18, 2004
    BOWMAN OIL COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 05-83
    (UST Appeal)
    ORDER OF THE BOARD (by J. P. Novak):
    On November 8, 2004, Bowman Oil Company timely filed a petition asking the Board to
    review an October 1, 2004 determination of the Illinois Environmental Protection Agency
    (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.402. Because the postmark
    date of the petition is within the time for filing, the petition was timely filed. 35 Ill. Adm. Code
    101.300(b)(2), 105.404. The Agency rejected petitioner’s amended site classification work plan
    budget for Bowman Oil Company’s leaking underground petroleum storage tank facility located
    at 215 Oak Street, West Frankfort, Franklin County.
    Bowman Oil Company appeals on the grounds that the rejection of the newly estimated
    personnel costs and justification was arbitrary and capricious. Bowman Oil Company’s petition
    meets the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for
    hearing.
    Bowman 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 Bowman 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, Bowman Oil Company may deem its
    request granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is March 8,
    2005 (the 120th day after November 8, 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 8, 2004, which is 30 days after Bowman 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 November 18, 2004, by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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