ILLINOIS POLLUTION CONTROL BOARD
    August 7, 2008
    STREATOR PETROL PUMP,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 09-7
    (UST Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On July 22, 2008, Streator Petrol Pump (Streator) timely filed a petition asking the Board
    to review a June 17, 2008 determination of the Illinois Environmental Protection Agency
    (Agency).
    See
    415 ILCS 5/40(a)(1) (2006); 35 Ill. Adm. Code 101.300(b), 105.402, 105.404.
    The Agency’s determination concerns a leaking petroleum underground storage tank (UST) site
    located at 2108 North Bloomington Street, Streator, La Salle County. For the reasons below, the
    Board accepts Streator’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 costs 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 partially denied Streator UST Fund
    reimbursement in the amount of $570.14 for costs associated with site investigation and
    corrective action. Streator appeals on the grounds that the Agency’s contentions and conclusions
    are erroneous, arbitrary, and capricious. Streators’s petition meets the content requirements of
    35 Ill. Adm. Code 105.408.
    The Board accepts the petition for hearing. Streator 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 Streator may extend by waiver
    2
    (
    see
    35 Ill. Adm. Code 101.308). On August 1, 2008, Streator filed an open waiver of the
    Board’s mandatory decision date and request for the postponement of the hearing.
    See
    415 ILCS
    5/40(a)(2); 35 Ill. Adm. Code 101.308, 105.104. Therefore, the 120-day statutory decision
    deadline does not apply.
    See
    35 Ill. Adm. Code 101.308, 105.114(a).
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by August 21, 2008, which is 30 days after the Board received the
    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 T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on August 7, 2008, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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