ILLINOIS POLLUTION CONTROL BOARD
    April 20, 2006
    MIDWEST PETROLEUM COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 06-153
    (UST Appeal)
    ORDER OF THE BOARD (by T.E. Johnson):
    On April 4, 2006, Midwest Petroleum Company (Midwest) filed a petition asking the
    Board to review a February 28, 2006 determination of the Illinois Environmental Protection
    Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2004); 35 Ill. Adm. Code 105.404. At issue is the
    Agency’s rejection of an amended plan and associated amended budget for Midwest’s leaking
    underground petroleum storage tank facility located at 529 Maple Street, Shiloh, St. Clair
    County. On April 10, 2006, Midwest filed the Agency’s final decision of February 28, 2006, as
    Exhibit A to the petition for review.
    Midwest appeals on the grounds that the Agency’s decision is arbitrary and capricious
    because the amended plan and budget clearly demonstrate that the additional personnel hours
    sought to be approved were incurred in the performance of corrective action activities and not in
    excess of those corrective action activities necessary to meet the minimum requirements of the
    Illinois Environmental Protection Act (Act) and regulations. Pet. at 4. Midwest notes that it
    appealed a previous Agency rejection of an amended corrective action plan budget for the same
    site in PCB 06-28, and that the Board issued a December 15, 2005 order finding the Agency
    properly denied Midwest’s claims.
    See
    Midwest v. IEPA
    , PCB 06-28 (Dec. 15, 2005). Midwest
    also notes that on January 30, 2006, it appealed the Board’s December 15, 2005 order to the Fifth
    District Appellate Court in Cause No. 5-06-0056. The appeal is pending. Pet. at 3.
    The Board accepts Midwest’s Exhibit A to the petition, and finds Midwest’s petition
    meets the content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for
    hearing.
    Midwest has the burden of proof. 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. 35
    Ill. Adm. Code 105.412. Hearings will be scheduled and completed in a timely manner,
    consistent with the decision deadline (
    see
    415 ILCS 5/40(a)(2) (2004)), which only Midwest may
    extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If the Board fails to take final action by the
    decision deadline, Midwest may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2004).
    Currently, the decision deadline is August 2, 2006 (the 120th day after April 4, 2006).
    See
    35 Ill.
    2
    Adm. Code 105.114. The Board meeting immediately before the decision deadline is scheduled
    for July 20, 2006.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by May 4, 2006, the first business day 30 days after Midwest filed the
    petition. 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.
    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, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on April 20, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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