ILLINOIS POLLUTION CONTROL BOARD
    April 21, 2005
     
    RED ROOSTER CORPORATION (f/k/a
    CLARK RETAIL ENTERPRISES, INC.)
    (CLARK OIL #2086) (December 6, 2004
    IEPA determination),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 05-125
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On January 20, 2005, at the parties’ request, the Board extended until April 14, 2005, the
    time period for Red Rooster Corporation to appeal a December 6, 2004 determination of the
    Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill.
    Adm. Code 101.300(b), 105.402, 105.406. On April 19, 2005, Red Rooster Corporation filed a
    petition asking the Board to review the Agency’s determination. Because the postmark date of
    the petition is within the extended time for filing, the petition was timely filed. 35 Ill. Adm.
    Code 101.300(b)(2), 105.404. The Agency denied petitioner’s request for reimbursement of
    certain costs of corrective action from the UST Fund for Red Rooster Corporation’s leaking
    underground petroleum storage tank facility located at 4805 North War Memorial Drive, Peoria,
    Peoria County.
     
    Red Rooster Corporation appeals on the grounds that the stated bases for denial were
    arbitrary, capricious, and without statutory authority. Red Rooster Corporation’s petition meets
    the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for
    hearing.
     
    Red Rooster Corporation 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 Red Rooster Corporation may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If
    the Board fails to take final action by the decision deadline, Red Rooster Corporation may deem
    its request granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is
    August 17, 2005 (the 120th day after April 19, 2005).
    See
    35 Ill. Adm. Code 105.114. The
    Board meeting immediately before the decision deadline is scheduled for August 4, 2005.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by May 19, 2005, which is 30 days after Red Rooster Corporation
     
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    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 April 21, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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