ILLINOIS POLLUTION CONTROL BOARD
    November 1, 2007
    NOKOMIS OIL COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 08-31
    (UST Appeal)
    ORDER OF THE BOARD (by T.E. Johnson):
    On October 17, 2007, Nokomis Oil Company (Nokomis Oil) timely filed a petition
    asking the Board to review a September 10, 2007 determination of the Illinois Environmental
    Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2006); 35 Ill. Adm. Code 105.402,
    105.404. The Agency rejected the proposed corrective action plan and budget for Nokomis Oil’s
    leaking underground petroleum storage tank facility located at 100 South Hickory, Nokomis,
    Montgomery County.
    Nokomis Oil appeals on the grounds that the Agency’s denial of Nokomis Oil’s
    corrective action plan was erroneous, not supported by the evidence, arbitrary, and capricious,
    also making the denial of the budget associated with the plan erroneous, arbitrary, capricious,
    and contrary to law. Nokomis Oil’s petition meets the content requirements of 35 Ill. Adm.
    Code 105.408. The Board accepts the petition for hearing.
    Nokomis Oil has the burden of proof.
    See
    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.
    See
    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) (2006)), which
    only Nokomis Oil may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to
    take final action by the decision deadline, Nokomis Oil may deem its request granted.
    See
    415
    ILCS 5/40(a)(2) (2006). On October 29, 2007, Nokomis Oil filed an open waiver of the decision
    deadline.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by November 16, 2007, which is 30 days after Nokomis Oil filed the
    petition.
    See
    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.
    See
    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.
    2
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on November 1, 2007, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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