ILLINOIS POLLUTION CONTROL BOARD
    September 20, 2007
    JAHRAUS OIL COMPANY, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-128
    (UST Appeal)
    ORDER OF THE BOARD (by T.E. Johnson):
    On June 21, 2007, at the parties’ request, the Board extended until September 12, 2007,
    the time period for Jahraus Oil Company, Inc. (Jahraus) to appeal a May 8, 2007 determination
    of the Illinois Environmental Protection Agency (Agency). On September 12, 2007, Jahraus
    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 Jahraus’ leaking petroleum underground storage tank (UST) site at 203
    North Broadway in Salem, Marion County. For the reasons below, the Board accepts Jahraus’
    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 Jahraus reimbursement from the UST Fund in
    the amount of $3,673.14. Petition at 1. Jahraus appeals on the grounds that the Agency’s
    determination, that Jahraus’ analysis costs lack supporting documentation and may exceed
    minimum requirements, is erroneous, arbitrary, and capricious.
    Id
    . at 2. Jahraus’ petition meets
    the content requirements of 35 Ill. Adm. Code 105.408.
    The Board accepts the petition for hearing. Jahraus 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 Jahraus may extend by waiver
    (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline,
    Jahraus may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2006). Currently, the decision
    deadline is January 10, 2008, which is the 120th day after the Board received the petition.
    See
    35 Ill. Adm. Code 105.114. A Board meeting is scheduled for January 10, 2008.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by October 12, 2007, which is the 30th day after the Board received
    Jahraus’ 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).
    Finally, the Board notes that on September 12, 2007, Jahraus filed a motion to
    consolidate this case with fourteen other UST appeals. The Board reserves ruling on that motion
    to allow the Agency’s response time to run.
    See
    35 Ill. Adm. Code 101.500(d).
    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 20, 2007, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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