ILLINOIS POLLUTION CONTROL BOARD
    May 5, 2005
     
    MIDWEST PETROLEUM COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 05-186
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On April 22, 2005, Midwest Petroleum Company (Midwest) filed a petition asking the
    Board to review a March 14, 2005 determination of the Illinois Environmental Protection
    Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.404. At issue is the
    Agency’s failure to consider Midwest’s amended budget for a leaking underground petroleum
    storage tank facility at 529 Maple Street, Shiloh, St. Clair County.
     
    Midwest appeals on the grounds that the Agency’s decision to not consider Midwest’s
    amended budget is arbitrary and capricious in that the excavation, transportation and disposal
    rate and the backfill rate sought is less than rates accepted by the Agency in the past. 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) (2002)), 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) (2002).
    Currently, the decision deadline is August 22, 2005 (the first business day following the 120th
    day after April 22, 2005).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately
    before the decision deadline is scheduled for August 18, 2005.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by May 23, 2005, which is the first business day following the 30th
    day 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.
     
    2
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on May 5, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top