ILLINOIS POLLUTION CONTROL BOARD
    April 3, 2003
     
    MAIN STATION,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 03-87
    (UST Appeal)
     
    ORDER OF THE BOARD (by D.C. Karpiel):
     
    On January 9, 2003, the Board, at the parties’ request, extended until March 17, 2003, the
    time period for Main Station (Main) to appeal a November 12, 2002 decision of the Illinois
    Environmental Protection Agency (Agency). The decision concerns Main’s leaking
    underground storage tank (UST) site at 401 West Main in Staunton, Macoupin County. On
    March 17, 2003, Main filed a petition asking the Board to review the Agency’s decision.
    See
     
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 101.300(b)(2) (Main petition, received after
    deadline, is deemed filed on postmark date of March 17, 2003), 105.402, 105.406.
       
    Main asserts that the Agency erred in modifying Main’s corrective action plan and in
    limiting Main’s costs that may be reimbursed from the State UST Fund. Petition at 2-3. Main
    claims that its plan is reasonable and meets all legal requirements, and that its costs of
    implementing the plan are eligible for Fund reimbursement.
    Id
    . The Board accepts the petition
    for hearing. Main 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 decision.
    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);
    see
    also
    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).
     
    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 Main may extend by waiver (
    see
     
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline, Main
    may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline
    is July 17, 2003 (the 120th day after the March 19, 2003 receipt of Main’s petition).
    See
    35 Ill.
    Adm. Code 105.114. The Board meeting immediately before the decision deadline is scheduled
    for July 10, 2003.
     
     
    2
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its decision by April 18, 2003, which is 30 days after the Board received Main’s
    petition.
    See
    35 Ill. Adm. Code 105.116, 105.410(a) (record due 30 days after filing of petition
    unless ordered otherwise). 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 April 3, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

    Back to top