ILLINOIS POLLUTION CONTROL BOARD
    September 2, 2004
    DIMUCCI DEVELOPMENT
    CORPORATION,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 04-209
    (UST Appeal)
    ORDER OF THE BOARD (by A.S. Moore):
    On June 3, 2004, at the parties’ request, the Board extended until August 18, 2004, the
    time period for DiMucci Development Corporation (DiMucci) to appeal an April 15, 2004
    determination of the Illinois Environmental Protection Agency (Agency). On August 19, 2004,
    the Board received from DiMucci a petition asking the Board to review the Agency’s
    determination. The petition was timely filed because it was postmarked on the filing deadline of
    August 18, 2004.
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 101.300(b), 105.402,
    105.406. The Agency’s determination concerns DiMucci’s underground storage tank (UST) site
    at the northeast corner of South Cicero Avenue and 31st Street in Cicero, Cook County. For the
    reasons below, the Board accepts DiMucci’s petition for hearing.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2002)), 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 (2002); 35 Ill. Adm. Code
    105.Subpart D. In this case, the Agency rejected a Site Investigation Plan, Site Investigation
    Completion Report, Corrective Action Plan, and Corrective Action Plan Budget. DiMucci
    appeals on numerous grounds, including that the documentation it submitted contains sufficient
    information. DiMucci’s petition meets the content requirements of 35 Ill. Adm. Code 105.408.
    The Board accepts the petition for hearing. DiMucci 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.
    331 Ill. App. 3d 1056, 772 N.E.2d 231 (3d 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) (2002)), which only DiMucci may extend by waiver
    (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline,
    DiMucci may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision
    deadline is December 17, 2004, which is the 120th day after the Board received the petition.
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for December 16, 2004.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by September 20, 2004, which is first business day following the 30th
    day after the Board received DiMucci’s petition.
    See
    35 Ill. Adm. Code 101.300(a), 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, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on September 2, 2004, by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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