ILLINOIS POLLUTION CONTROL BOARD
    January 22, 2004
     
    KRAMER SERVICE STATION,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-52
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On December 4, 2003, at the parties’ request, the Board extended until January 8, 2004,
    the time period for Kramer Service Station (Kramer) to appeal a September 5, 2003
    determination of the Illinois Environmental Protection Agency (Agency). On January 8, 2004,
    Kramer timely filed a petition asking the Board to review the Agency’s determination.
    See
    415
    ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 101.300(b), 105.402, 105.406. The Agency’s
    determination concerns Kramer’s underground storage tank (UST) site, a service station, located
    at 1015 E. Main Street, Danville, Vermilion County. For the reasons below, the Board accepts
    Kramer’s petition for hearing.
     
    Under the Environmental Protection Act (Act) (415 ILCS 5/1
    et seq
    . (2002)), the Agency
    decides whether to approve proposed cleanup plans for leaking UST sites, as well as requests for
    cleanup cost reimbursement from the State’s UST Fund, which consists of UST fees and motor
    fuel taxes. If the Agency disapproves or modifies a submittal, the UST owner or operator may
    appeal the decision to the Board.
    See
    415 ILCS 5/40(a)(1), 57-57.17 (2002); 35 Ill. Adm. Code
    105.Subpart D. In this case, the Agency approved a site classification plan, with modifications,
    for Kramer’s facility. Kramer appeals on the grounds that the Agency’s decision to disallow
    certain costs was arbitrary and capricious. Kramer’s petition meets the content requirements of
    35 Ill. Adm. Code 105.408.
     
    The Board accepts the petition for hearing. Kramer 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 determination.
    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); 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).
     
     
    2
    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 Kramer may extend by waiver
    (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline,
    Kramer may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision
    deadline is May 11, 2004, which is the 120th day after the Board received the petition.
    See
    35
    Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for May 6, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by February 11, 2004, which is first business day following the 30th
    day after the Board received Kramer’s petition.
    See
    35 Ill. Adm. Code 101.300(a); 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 January 22, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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