ILLINOIS POLLUTION CONTROL BOARD
September 6, 2007
RUTH OIL COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 07-120
(UST Appeal)
ORDER OF THE BOARD (by T.E. Johnson):
On June 7, 2007, at the parties’ request, the Board extended until August 23, 2007, the
time period for Ruth Oil Company (Ruth Oil) to appeal an April 18, 2007 determination of the
Illinois Environmental Protection Agency (Agency). On August 23, 2007, Ruth Oil timely filed
a petition asking the Board to review the Agency’s determination.
See
415 ILCS 5/40(a)(1)
(2006); 35 Ill. Adm. Code 101.300(b), 105.402, 105.406. The Agency’s determination concerns
Ruth Oil’s leaking petroleum underground storage tank (UST) site at 201 West Williams in
Wyoming, Stark County. For the reasons below, the Board accepts Ruth Oil’s petition for
hearing.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), 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 (2006); 35 Ill. Adm. Code
105.Subpart D. In this case, the Agency denied Ruth Oil UST Fund reimbursement for
$2,061.46 in analysis costs, shipping costs, and other expenses. Petition at 1-2. Ruth Oil appeals
on the grounds that the Agency’s determination is erroneous, arbitrary, and capricious.
Id
. at 2.
Ruth Oil’s petition meets the content requirements of 35 Ill. Adm. Code 105.408.
The Board accepts the petition for hearing. Ruth 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.
Community Landfill Co. & City of Morris v. PCB &
IEPA, 331 Ill. App. 3d 1056, 772 N.E.2d 231 (3rd 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) (2006)), which only Ruth Oil may extend by waiver
(
see
35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline,
Ruth Oil may deem its request granted.
See
415 ILCS 5/40(a)(2) (2006). Currently, the decision
deadline is December 21, 2007, 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 December 20, 2007.
Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
record of its determination by September 24, 2007, which is the first business day following the
30th day after the Board received Ruth Oil’s 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.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on September 6, 2007, by a vote of 4-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board