ILLINOIS POLLUTION CONTROL BOARD
    September 7, 2006
    LINCOLNSHIRE/STATE OIL S&S
    PETROLEUM,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-11
    (UST Appeal)
    ORDER OF THE BOARD (by T.E. Johnson):
    On August 16, 2006, Lincolnshire/State Oil S&S Petroleum (Lincolnshire) filed a
    petition asking the Board to review a July 10, 2006 determination of the Illinois Environmental
    Protection Agency (Agency) (415 ILCS 5/40(a)(1) (2004)); 35 Ill. Adm. Code 105.404. At issue
    is the Agency’s rejection, in part, of an application for payment from the underground storage
    fund for corrective action performed at Lincolnshire’s 399 Milwaukee Avenue, Lake County.
    Lincolnshire appeals on the grounds that the money sought was within the previously
    approved budget and that the Agency’s review went well beyond the auditing necessary for
    adherence to the corrective action measures contained in the proposal. Pet. at 1-2.
    The Board finds that Lincolnshire’s petition meets the content requirements of 35 Ill.
    Adm. Code 105.408, and accepts the petition for hearing.
    Lincolnshire 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 Lincolnshire may extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If the Board fails to
    take final action by the decision deadline, Lincolnshire may deem its request granted.
    See
    415
    ILCS 5/40(a)(2) (2004). Currently, the decision deadline is December 14, 2006 (the 120th day
    after August 16, 2006).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before
    the decision deadline is scheduled for December 7, 2006.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by September 15, 2006, the first business day 30 days after
    Lincolnshire filed the petition. 35 Ill. Adm. Code 105.410(a). The record must comply with the
    content requirements of 35 Ill. Adm. Code 105.410(b). The Board notes that the Agency filed
    the record on September 6, 2006.
    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 September 7, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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