ILLINOIS POLLUTION CONTROL BOARD
June 4, 2009
DICKERSON PETROLEUM, INC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 09-87
(UST Appeal)
ORDER OF THE BOARD (by G.T. Girard):
On April 15, 2009, Dickerson Petroleum, Inc. (Dickerson) filed a petition asking the Board to
review a determination by the Illinois Environmental Protection Agency (Agency).
See
415 ILCS
5/40(a)(1) (2006); 35 Ill. Adm. Code 101.300(b), 105.402. The Agency’s determination concerns
Dickerson’s 45-Day Report and 45-Day Report Addendum (report) regarding an underground
storage tank site located at 823 Upper Cahokia Road, Cahokia, St. Clair County.
On May 7, 2009, the Board accepted Dickerson’s petition as timely filed, pursuant to 35 Ill.
Adm. Code 105.404. However, the Board found that Dickerson’s petition was deficient under
Section 105.408 of the Board’s procedural rules because it did not include a statement specifying the
date of service of the Agency's final decision or a statement specifying the grounds of Dickerson’s
appeal.
See
35 Ill. Adm. Code 105.408(b). The Board also noted that, based on the date of the
Agency’s letter, Dickerson’s appeal might be untimely. The Board issued an order granting
Dickerson 30 days to cure the deficiencies by filing an amended petition on or before June 8, 2009.
On May 26, 2009, Dickerson timely filed an amended petition. The filing of an amended
petition restarts the Board's decision deadline.
See
35 Ill. Adm. Code 105.114(b). Dickerson’s
amended petition cures the defects described in the Board’s order by including the date of service of
the Agency's final decision and a statement specifying the grounds of appeal. The amended petition
lists March 11, 2009, as the date of service on Dickerson of the Agency’s March 9, 2009, final
decision.
Because the Board received Dickerson’s original petition on the April 15, 2009,
deadline for filing, the petition was timely filed. 35 Ill. Adm. Code 101.300(b)(2), 105.404.
Dickerson’s amended petition also includes a statement specifying Dickerson’s grounds for
appealing the Agency’s determination concerning the report. Dickerson appeals on the grounds
that the Agency’s conclusion that the report falls outside the scope of the Leaking Underground
Storage Tank Program was arbitrary, capricious, and without authority. Dickerson’s amended
petition meets the content requirements of 35 Ill. Adm. Code 105. 408. The Board accepts the
petition for hearing.
Dickerson 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
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timely manner, consistent with the decision deadline (
see
415 ILCS 5/40(a)(2) (2006)), which
only Dickerson may extend by waiver (
see
35 Ill. Adm. Code 101.308). If the Board fails to take
final action by the decision deadline, Dickerson may deem its request granted.
See
415 ILCS
5/40(a)(2) (2006). Currently, the decision deadline is September 23, 2009 (the 120th day after
May 26, 2009).
See
35 Ill. Adm. Code 105.114. There is a Board meeting scheduled to occur on
September 17, 2009.
Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
record of its determination by June 25, 2009, which is 30 days after Dickerson filed the amended
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, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on June 4, 2009, by a vote of 5-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
