ILLINOIS POLLUTION CONTROL BOARD
    January 10, 2008
    ILLINOIS STATE TOLL HIGHWAY
    AUTHORITY (Belvidere Oasis - South Side),
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 08-40
    (UST Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On December 26, 2007, the Illinois State Toll Highway Authority (ISTHA) timely filed a
    petition asking the Board to review a November 20, 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’s determination concerns a Corrective Action Plan (CAP) and
    Budget for ISTHA’s leaking underground storage tank (UST) site. The site is commonly known
    as Belvidere Oasis South, located on the I-90 Tollway in Belvidere, Boone County. For the
    reasons below, the Board accepts ISTHA’s petition for hearing.
    Under the Environmental Protection Act (415 ILCS 5 (2006)), the Agency decides
    whether to approve proposed cleanup plans and budgets 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 approved, with modifications, ISTHA’s
    CAP and Budget. ISTHA appeals on numerous grounds set forth in its petition.
    See
    Petition at
    2-4. ISTHA’s petition meets the content requirements of 35 Ill. Adm. Code 105.408.
    The Board accepts the petition for hearing. ISTHA 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).
    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 ISTHA may extend by waiver
    2
    (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline,
    ISTHA may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2006). Currently, the decision
    deadline is April 24, 2008, which is the 120th day after the date on which the Board received the
    petition, December 26, 2007.
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately
    before the decision deadline is scheduled for April 17, 2008.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by January 25, 2008, which is 30 days after the Board received
    ISTHA’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 January 10, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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