ILLINOIS POLLUTION CONTROL BOARD
    October 20, 2005
     
    KNAPP OIL COMPANY, DON’S 66,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-52
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On October 17, 2005, Knapp Oil Company timely filed a petition asking the Board to
    review a September 21, 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 rejected
    the high priority corrective action plan and associated budget for Knapp Oil Company’s leaking
    underground petroleum storage tank facility located at 700 East Main Street, Olney, Richland
    County.
     
    Knapp Oil Company appeals on the grounds that (1) the reasons stated by the Agency for
    rejection are contradictory to information previously provided, are internally inconsistent, and
    exceeded the Agency’s authority; (2) the high priority corrective action plan and budget
    submitted to the Agency are reasonable and consistent with the Environmental Protection Act
    and applicable regulations; and (3) the Agency’s rejection was arbitrary, capricious, and for the
    sole purpose of harassing Knapp Oil Company and its consultants. Knapp Oil Company’s
    petition meets the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the
    petition for hearing.
     
    Knapp 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 w
    see
    415 ILCS 5/40(a)(2) (2004)), which
    see
    35 Ill. Adm. Code 101.308). If the Board
    line, Knapp Oil Company may deem its request
    415 ILCS 5/40(a)(2) (2004). Currently, the decision deadline is February 14, 2006
    See
    35 Ill. Adm. Code 105.114. The Board meeting
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by November 16, 2005, which is 30 days after Knapp 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
     
    2
    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 October 20, 2005, by a vote of 5-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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