ILLINOIS POLLUTION CONTROL BOARD

January 22, 2004

 

WILLAREDT OIL COMPANY,

 

Petitioner,

 

v.

 

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

 

Respondent.

)

)

)

)

)

)

)

)

)

)

 

 

 

 

PCB 04-72

(UST Appeal)

 

ORDER OF THE BOARD (by A.S. Moore):

 

On November 6, 2003, at the parties’ request, the Board extended until January 19, 2004,

the time period for Willaredt Oil Company (Willaredt Oil) to appeal a September 16, 2003

determination of the Illinois Environmental Protection Agency (Agency). On January 9, 2004,

Willaredt Oil timely filed a petition asking the Board to review the Agency’s determination.

See

 

415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 101.300(b), 105.402, 105.406. The Agency’s

determination concerns Willaredt Oil’s underground storage tank (UST) site, a gasoline service

station at 1000 U.S. Highway 121, in Mt. Zion, Macon County. For the reasons below, the

Board accepts Willaredt Oil’s petition for hearing.

 

Under the Environmental Protection Act (Act) (415 ILCS 5/1

et seq

. (2002)), the Agency

decides whether to approve proposed cleanup plans for leaking UST sites, as well as requests for

cleanup cost reimbursement from the State’s UST Fund, which consists of UST fees and motor

fuel taxes. If the Agency disapproves or modifies a submittal, the UST owner or operator may

appeal the decision to the Board.

See

415 ILCS 5/40(a)(1), 57-57.17 (2002); 35 Ill. Adm. Code

105.Subpart D. In this case, the Agency denied UST Fund reimbursement for some of Willaredt

Oil’s requested costs. Willaredt Oil appeals on the grounds that the disallowed costs are

reasonable and necessary to the cleanup work performed. Willaredt Oil’s petition meets the

content requirements of 35 Ill. Adm. Code 105.408.

 

The Board accepts the petition for hearing. Willaredt 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. Accordingly,

though the Board hearing affords petitioner the opportunity to challenge the Agency’s reasons

for its decision, information developed after the Agency’s decision typically is not admitted at

hearing or considered by the Board.

See

Alton Packaging Corp. v. PCB, 162 Ill. App. 3d 731,

738, 516 N.E.2d 275, 280 (5th Dist. 1987); Community Landfill Co. & City of Morris v. IEPA,

PCB 01-170 (Dec. 6, 2001),

aff’d sub nom.

331 Ill. App. 3d 1056, 772 N.E.2d 231 (3d Dist.

2002).

 

---

 

2

Hearings will be scheduled and completed in a timely manner, consistent with the

decision deadline (

see

415 ILCS 5/40(a)(2) (2002)), which only Willaredt Oil may extend by

waiver (

see

35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision

deadline, Willaredt Oil may deem its request granted.

See

415 ILCS 5/40(a)(2) (2002).

Currently, the decision deadline is May 8, 2004, which is the 120th day after the Board received

the petition.

See

35 Ill. Adm. Code 105.114. The Board meeting immediately before the

decision deadline is scheduled for May 6, 2004.

 

Unless the Board or the hearing officer orders otherwise, the Agency must file the entire

record of its determination by February 9, 2004, which is the first business day following the

30th day after the Board received Willaredt Oil’s petition.

See

35 Ill. Adm. Code 101.300(a);

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.

 

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board

adopted the above order on January 22, 2004, by a vote of 5-0.

 

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board