ILLINOIS POLLUTION CONTROL BOARD
June 4, 2008
L. KELLER OIL PROPERTIES, INC.,
TILTON SUPER K,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 09-111
(UST Appeal)
ORDER OF THE BOARD (by G.T. Girard):
On May 20, 2009, L. Keller Oil Properties, Inc., Tilton Super K (Tilton) timely filed a
petition asking the Board to review an April 15, 2009, determination of the Illinois
Environmental Protection Agency (Agency).
See
415 ILCS 5/40(a)(1) (2006); 35 Ill. Adm. Code
105.402. Nicole we only leave this sentence in if the petition was mailed by US mail on the
deadline. The Agency denied Tilton reimbursement for $83,560.12 in costs associated with the
removal of undergound petroleum storage tanks from Tilton’s service station located at 100 East
2nd Street, in Tilton, Vermillion County.
Tilton appeals on the grounds that the Agency’s conclusion that Tilton’s costs were
ineligible under 35 Ill. Adm. Code 7340.630(cc), due to lack of supporting documentation, was
erroneous, arbitrary, and capricious. Tilton further appeals on the grounds that the Agency’s
rejection of $72,153.06 of those costs as ineligible under 35 Ill. Adm Code 734.630(ee), due to
lack of “justification,” was also erroneous, arbitrary and capricious. Tilton’s petition meets the
content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
Tilton 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) (2006)), which only petitioner
may extend by waiver (
see
35 Ill. Adm. Code 101.308). If the Board fails to take final action by
the decision deadline, petitioner may deem its request granted.
See
415 ILCS 5/40(a)(2) (2006).
Currently, the decision deadline is September 17, 2009 (the 120th day after May 20, 2009).
See
35 Ill. Adm. Code 105.114. There is a Board meeting scheduled to occur on the September 17,
2009, decision deadline.
Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
record of its determination by June 22, 2009, which is the first business day following the 30th
day after Tilton 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
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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).
IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on June 4, 2009, by a vote of 5-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
