ILLINOIS POLLUTION CONTROL BOARD
    July 10, 2003
     
    ROYER OIL COMPANY (1-1-1998 through
    9-30-1998; 6-1-1997 through 12-31-1997;
    3-11-1996 through 5-31-1996),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
     
    PCB 03-180
    PCB 03-186
    PCB 03-187
    (UST Appeal)
    (Consolidated)
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On April 17, 2003, the Board, by three separate orders entered at the parties’ request,
    extended the time period within which Royer Oil Company (Royer) may appeal three
    determinations of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(1)(1)(2002; 35 Ill. Adm. Code 105.406. The Board assigned docket number PCB 03-180 to
    the Agency determination of February 25, 2003, and granted Royer until July 1, 2003, to appeal
    that determination. The Board assigned docket number PCB 03-186 to an Agency determination
    of March 3, 2003, and granted Royer until July 8, 2003, to appeal that determination. The Board
    assigned docket number PCB 03-187 to a second Agency determination of March 3, 2003, and
    granted Royer until July 8, 2003, to appeal that determination.
    See
    415 ILCS 5/40(a)(1) (2002);
    35 Ill. Adm. Code 105.406.
     
    On July 1, 2003, Royer filed a petition in docket PCB 03-180 asking the Board to review
    the Agency’s February 25, 2003 determination. The Agency approved the requested
    reimbursement of corrective action costs incurred during the period January 1, 1998 through
    September 30, 1998, with modifications, regarding Royer’s underground storage tank (UST) site
    located at 200 South Third Street, Greenville, Bond County. Royer appealed on the grounds that
    the costs submitted to the Agency for reimbursement were reasonable corrective action costs and
    were the types of costs eligible for reimbursement. On July 7, 2003, Royer filed for leave to
    amend its petition, in order to correct an inadvertent error, together with an amended petition.
    The motion for leave to file is granted. Royer’s amended petition meets the content requirements
    of 35 Ill. Adm. Code 105.408. The Board accepts the amended petition for hearing.
     
    On July 7, 2003, Royer filed two separate petitions in dockets PCB 03-186 and PCB 03-
    187 asking the Board to review the Agency’s March 3, 2003 determinations. In docket PCB 03-
    186, the Agency approved the requested reimbursement of corrective action costs incurred
    during the period June 1, 1997 through December 31, 1997, with modifications, regarding
    Royer’s Greenville UST site. In docket PCB 03-187, the Agency approved requested
    reimbursement of corrective action costs incurred during the period March 1, 1996, through May
     
    2
    31, 1996, with modifications, regarding that site. Royer appealed each on the grounds that the
    costs submitted to the Agency for reimbursement were reasonable corrective action costs and
    were the types of costs eligible for reimbursement. Royer’s petitions meet the content
    requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petitions for hearing.
     
    Royer also asks the Board to consolidate the three appeals for hearing. Petition at 1.
    Royer states that factual and legal issues in the appeals are closely related and that consolidation
    will result in a more expeditious and complete determination of the issues involved.
    Id
    . at 2.
    The Board notes that the appeals involve the same parties, the same Bond County leaking UST
    site, and issues of Royer’s cleanup and cleanup cost reimbursement from the UST Fund. The
    Agency has not objected to consolidation. The Board grants Royer’s motion to consolidate. The
    appeals are consolidated for hearing, but not necessarily for Board decision.
    See
    35 Ill. Adm.
    Code 101.406. Future filings must reflect the amended caption of this order.
     
    Royer 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 Royer may
    extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If the Board fails to take final action by the
    decision deadline, Royer may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline in docket PCB 03-180 is October 29, 2003 (the 120th day after
    July 1, 2003). The decision deadline in dockets PCB 03-186 and PCB 03-187 is November 4,
    2003 (the 120th day after July 7, 2003).
    See
    35 Ill. Adm. Code 105.114. The decision deadline
    for these consolidated cases is the earlier of the two dates: October 29, 2003. The Board
    meeting immediately before the decision deadline is scheduled for October 16, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination in all three cases by July 31, 2003, which is 30 days after Royer filed
    the first petition. 35 Ill. Adm. Code 105.410(a). If the Agency wishes to seek additional time to
    file any of the records, 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 July 10, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top