ILLINOIS POLLUTION CONTROL BOARD
    May 19, 2005
     
    RED ROOSTER CORPORATION (f/k/a
    CLARK RETAIL ENTERPRISES, INC.)
    (CLARK OIL #2086)(December 30, 2004
    IEPA determination),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 05-126
    (UST Appeal)
     
      
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On May 9, 2005, Red Rooster Corporation (f/k/a Clark Retail Enterprises, Inc.) (Clark
    Oil #2086) (Red Rooster) filed a petition asking the Board to review a December 30, 2004
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2002); 35 Ill. Adm. Code 105.404. The Board had extended the appeal period until
    May 9, 2005, in a January 20, 2005 order. At issue is the Agency’s denial of Red Rooster’s
    request for reimbursement of certain costs of corrective action from the Underground Storage
    Tank (UST) Fund for a leaking underground petroleum storage tank facility located at 4805
    North War Memorial Drive, Peoria, Peoria County.
     
    Red Rooster appeals on the grounds that the Agency’s decision is arbitrary, capricious
    and without statutory aut
    hority. Red Rooster’s petition meets the content requirements of 35 Ill.
    Adm. Code 105.408. The Board accepts the petition for hearing.
     
    Red Rooster 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 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 may deem its request granted.
    See
    415
    ILCS 5/40(a)(2) (2002). Currently, the decision deadline is August 16, 2005 (the 120th day after
    May 9, 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 June 8, 2005, which is 30 days after Red Rooster 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.
     
    2
    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 May 19, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
      

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