ILLINOIS POLLUTION CONTROL BOARD
    December 1, 2005
     
    TELZROW OIL COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-26
    (UST Appeal)
     
      
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    (Telzrwo) filed a petition asking the
    Board to review a July 14, 2005 determination of the Illinois Environmental Protection Agency
    (Agency).
    See
    415 ILCS 5/40(a)(1) (2004); 35 Ill. Adm. Code 105.404. The Board had
    extended the appeal period until November 17, 2005, in a September 1, 2005 order. At issue is
    the Agency’s denial of certain claimed costs of the corrective action plan from the Underground
    Petroleum Storage Tank (UST) Fund for Telzrow Oil Company’s leaking UST facility located at
    605 South State Road, Jerseyville, Jersey County.
     
    Telzrow appeals on the grounds that the Agency’s decision is arbitrary, capricious, in
    violation of the Act and regulations, and was made for the sole purpose of harassing Telzrow and
    its consultants. Telzrow’s petition meets the content requirements of 35 Ill. Adm. Code 105.408.
    The Board accepts the petition for hearing.
     
    Telzrow 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 Telzrow may
    extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If the Board fails to take final action by the
    decision deadline, Telzrow may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2004).
    Currently, the decision deadline is March 17, 2006 (the 120th day after November 17, 2005).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for March 16, 2006.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by December 19, 2005, the first business day 30 days after Terzlow
    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 December 1, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
      

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