ILLINOIS POLLUTION CONTROL BOARD
    July 7, 2005
     
    13 EAST QUICK STOP,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 05-218
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On June 24, 2005, 13 East Quick Stop timely filed a petition asking the Board to review a
    May 23, 2005 determination of the Illinois Environmental Protection Agency (Agency).
    See
    415
    ILCS 5/40(a)(1) (2004); 35 Ill. Adm. Code 105.402. The Agency conditionally approved 13
    East Quick Stop’s corrective action plan, with modifications, and rejected the corrective action
    plan budget for its leaking underground petroleum storage tank facility located at Route 13 East,
    Crab Orchard, Williamson County.
     
    13 East Quick Stop appeals the rejection of the corrective action plan budget only on the
    grounds that (1) the Agency exceeded its statutory authority by requesting detailed information
    on the budget and (2) the Agency actions were arbitrary and capricious and without statutory
    authority. 13 East Quick Stop’s petition meets the content requirements of 35 Ill. Adm. Code
    105.408. The Board accepts the petition for hearing.
     
    13 East Quick Stop 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) (2004)), which
    only 13 East Quick Stop may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board
    fails to take final action by the decision deadline, 13 East Quick Stop may deem its request
    granted.
    See
    415 ILCS 5/40(a)(2) (2004). Currently, the decision deadline is October 22, 2005
    (the 120th day after June 24, 2005).
    See
    35 Ill. Adm. Code 105.114. The Board meeting
    immediately before the decision deadline is scheduled for October 20, 2005.
     
    Unless the Board or the hearing officer orders
    record of its determination by July 25, 2005, which is the first business day after 30 days after 13
    East Quick Stop 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 July 7, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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