ILLINOIS POLLUTION CONTROL BOARD
    September 2, 2004
     
    BUNKER HILL AMOCO,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 05-36
    (UST Appeal)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On August 26, 2003, Bunker Hill AMOCO timely filed a petition asking the Board to
    review a July 23, 2004 determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.402. The Agency rejected petitioner’s
    high priority corrective action plan budget for Bunker Hill AMOCO’s leaking underground
    petroleum storage tank facility located at 206 South Washington Street, Bunker Hill, Macoupin
    County.
     
    Bunker Hill AMOCO appeals on the grounds that the Agency is applying “statewide
    observations” as an invalid rule that does not meet the requirements of the Administrative
    Procedure Act. 5 ILCS 100 (2002). Bunker Hill AMOCO’s petition meets the content
    requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
     
    The August 26, 2004 petition for review was accompanied by a motion for expedited
    consideration. In its motion, Bunker Hill AMOCO alleges that (1) the Agency is continuing to
    apply an invalid rule to make decisions and require additional procedures without advanced
    notice of the requirements, which creates material prejudice; and (2) the Agency’s allegedly
    illegal activities are damaging Bunker Hill AMOCO because the Agency has refused to approve
    its budget as submitted and without additional information, even though the Agency has
    approved similar budgets in the past with similar documentation. The Board will grant expedited
    consideration and move this matter to a final determination as expeditiously as procedural
    requirements and the Board’s case load will allow.
     
    Bunker Hill AMOCO 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 Bunker Hill AMOCO may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board
    fails to take final action by the decision deadline, Bunker Hill AMOCO may deem its request
    granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is December 24,
     
    2
    2004 (the 120th day after August 26, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting
    immediately before the decision deadline is scheduled for December 16, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by September 25, 2004, which is 30 days after Bunker Hill AMOCO
    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.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on September 2, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top