ILLINOIS POLLUTION CONTROL BOARD
January 10, 2008
ILLINOIS STATE TOLL HIGHWAY
AUTHORITY (Belvidere Oasis - South Side
CACR),
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 08-41
(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 Completion
Report (CACR) 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 (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 rejected ISTHA’s CACR. ISTHA appeals
on the grounds that the CACR complies with the Act and Board regulations and the Agency
determination letter failed to provide “Attachment A” listing the reasons for rejection.
See
Petition at 2. 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).
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 ISTHA may extend by waiver
(
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.
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John Therriault, Assistant Clerk
Illinois Pollution Control Board