ILLINOIS POLLUTION CONTROL BOARD
    June 5, 2003
     
    FREEDOM OIL COMPANY (Springfield),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-121
    (UST Fund)
     
    ORDER OF THE BOARD (by L.P. Padovan):
     
    On February 20, 2003, at the parties’ request, the Board extended until May 12, 2003, the
    time period for Freedom Oil Company (Freedom Oil) to appeal a January 6, 2003 decision of the
    Illinois Environmental Protection Agency (Agency). The decision concerns Freedom Oil’s
    cleanup of petroleum that leaked from an underground storage tank (UST) at the company’s
    gasoline service station at 2500 East Cook Street in Springfield, Sangamon County. On May 14,
    2003, Freedom Oil 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) (Freedom Oil petition, received after
    deadline, is deemed filed on postmark date of May 12, 2003), 105.402, 105.406.
       
    Freedom Oil asserts that the Agency erred in deciding that the company could not be
    reimbursed from the State UST Fund for $5,003.67 in handling charges incurred by Freedom
    Oil. Petition at 2, Attach. Freedom Oil claims that the handling charges are reasonable and a
    necessary part of its cleanup. Petition at 2. The Board accepts the petition for hearing. Freedom
    Oil 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 Freedom Oil may extend by
    waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision
    deadline, Freedom Oil may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline is October 16, 2003, based on Freedom Oil’s waiver.
    See
    35 Ill.
    Adm. Code 105.114(a). A Board meeting is scheduled for that date.
     
     
    2
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its decision by June 13, 2003, which is 30 days after the Board received Freedom Oil’s
    petition.
    See
    35 Ill. Adm. Code 105.116, 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 June 5, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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