ILLINOIS POLLUTION CONTROL BOARD
    December 15, 2005
     
    DOWNTOWN SHELL (Greenville),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-38
    (UST Appeal)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On September 15, 2005, the Board, at the parties’ request, extended until December 9,
    2005, the time period within which Downtown Shell may appeal an August 5, 2005
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2004); 35 Ill. Adm. Code 105.406. On December 7, 2005, Downtown Shell filed a
    petition asking the Board to review the Agency’s determination. The Agency rejected the high
    priority corrective action plan for Downtown Shell’s leaking underground petroleum storage
    tank facility located at 317 West College Avenue, Greenville, Bond County.
     
    Downtown Shell appeals on the grounds that it had provided all information that the
    Agency later requested on its proposed bioremediation slurry, and the Agency denial of August
    5, 2005 recited no reason beyond its request for information why it disapproved a remediation
    technology (bioremediation) that it had previously approved. Downtown Shell’s petition meets
    the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for
    hearing.
     
    Downtown Shell 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 Downtown Shell may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails
    to take final action by the decision deadline, Downtown Shell may deem its request granted.
    See
     
    415 ILCS 5/40(a)(2) (2004). Currently, the decision deadline is April 6, 2006 (the 120th day
    after December 7, 2005).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately
    before the decision deadline is scheduled for April 6, 2006.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by January 5, 2006, which is 30 days after Downtown Shell 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.
     
    2
    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 December 15, 2005, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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