ILLINOIS POLLUTION CONTROL BOARD
    September 1, 2005
     
    MIDWEST PETROLEUM COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-28
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On August 25, 2005, Midwest Petroleum Company timely filed a petition asking the
    Board to review a July 18, 2005 determination of the Illinois Environmental Protection Agency
    (Agency).
    See
    415 ILCS 5/40(a)(1) (2004); 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 the amended corrective action plan budget for
    Midwest Petroleum Company’s leaking underground petroleum storage tank facility located at
    529 Maple Street, Shiloh, St. Clair County.
     
    Midwest Petroleum Company appeals on the grounds that the amounts submitted for
    Agency approval in the amended budget were reasonable, justifiable, necessary, consistent with
    generally accepted engineering practices, and eligible for reimbursement out of the Underground
    Petroleum Storage Tank Fund. Midwest Petroleum Company’s petiti
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    Midwest Petroleum 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) (2004)),
    which only Midwest Petroleum Company may extend by waiver (
    see
    35 Ill. Adm. Code
    101.308). If the Board fails to take final action by the decision deadline, Midwest Petroleum
    Company may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2004). Currently, the
    decision deadline is December 23, 2005 (the 120th day after August 25, 2005).
    See
    35 Ill. Adm.
    Code 105.114. The Board meeting immediately before the decision deadline is scheduled for
    December 15, 2005.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by September 24, 2005 which is 30 days after Midwest Petroleum
    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
     
    2
    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 September 1, 2005, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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