ILLINOIS POLLUTION CONTROL BOARD
March 18, 2004
SWEARINGEN AMOCO
(October 1, 1996 to February 28, 1997)
(May 1, 1997 to March 31, 1998)
(October 1, 1997 to October 31, 1998 and
March 1, 1995 to May 31, 1997)
(June 1, 1996 to June 30, 1996)
(July 1, 1996 to August 31, 1996)
(February 1, 2000 to July 31, 2000)
(July 1, 2000 to February 1, 2001),
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 03-156
PCB 03-157
PCB 03-158
PCB 04-151
PCB 04-152
PCB 04-153
PCB 04-154
(UST Appeal)
(Consolidated)
ORDER OF THE BOARD (by J.P. Novak):
On March 9, 2004, Swearingin Amoco timely filed two petitions asking the Board to
review two February 3, 2004 determinations of the Illinois Environmental Protection Agency
(Agency). On March 11, 2004, Swearingin Amoco timely filed two more petitions asking the
Board to review two February 11, 2004 determinations of the Agency.
See
415 ILCS 5/40(a)(1)
(2002); 35 Ill. Adm. Code 105.402. Because the postmark dates of the two March 9, 2004
petitions are within the time for filing, the petitiona were timely filed. 35 Ill. Adm. Code
101.300(b)(2), 105.404.
The Agency approved petitioner’s requests for reimbursement from the UST Fund, with
modifications, for Swearingin Amoco’s leaking underground petroleum storage tank facility
located at 503 South State Street, Jerseyville, Jersey County. Swearingin Amoco appeals on the
grounds that the costs submitted for reimbursement were reasonable and were of the type that are
eligible for reimbursement.
The various petitions filed relate to costs for corrective actions undertaken at a single
location but over different periods. The petition in docket PCB 04-151 relates to corrective
actions undertaken during the period June 1, 1996 through June 30, 1996. The petition in docket
PCB 04-152 relates to corrective actions undertaken during the period July 1, 1996 through
August 31, 1996. The petition in docket PCB 04-153 relates to corrective actions undertaken
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during the period February 1, 2000 to July 31, 2000. The petition in docket PCB 04-154 relates
to corrective actions undertaken during the period July 1, 2000 to February 1, 2001.
Swearingin Amoco’s petitions meet the content requirements of 35 Ill. Adm. Code
105.408. The Board accepts the petitions for hearing.
On March 11, 2004, Swearingin Amoco filed a motion to consolidate the newly filed
petitions (PCB 04-151, PCB 04-152, PCB 04-153, and PCB 04-154) with the previously
consolidated petitions (PCB 03-156, PCB 03-157, and PCB 03-158). In support of its motion,
Swearingin Amoco asserts that all seven petitions relate to the same leaking underground storage
tanks, but reflect different periods of time, and that consolidated consideration and decision on
the petitions will result in a more expeditious and complete determination of the issues involved,
without prejudice to any party involved. On July 25, 2003, Swearingin Amoco filed open
waivers of the decision deadlines on the petitions involved in dockets PCB 03-156, PCB 03-157,
and PCB 03-158.
The motion for consolidation of dockets PCB 04-151, PCB 04-152, PCB 04-153, and
PCB 04-154 with consolidated dockets PCB 03-156, PCB 03-157, and PCB 03-158 is granted.
The due date for decision in this consolidated docket will be determined based on the filing date
of the earliest petitions filed for which Swearingin Amoco has not filed waivers of the decision
deadline: PCB 04-151 and PCB 04-152.
Swearingin 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 Swearingin Amoco may extend by waiver (
see
35 Ill. Adm. Code 101.308). If the Board
fails to take final action by the decision deadline, Swearingin Amoco may deem its request
granted.
See
415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is July 7, 2004 (the
120th day after the filing of PCB 04-151 and PCB 04-152 on March 9, 2004).
See
35 Ill. Adm.
Code 105.114. The Board meeting immediately before the decision deadline is scheduled for
June 17, 2004.
Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
record of its determination by April 17, 2004, which is 30 days after Swearingin 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).
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IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on March 18, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board