ILLINOIS POLLUTION CONTROL BOARD
    June 20, 2002
     
    HOME OIL COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-205
    (UST Fund)
    PCB 02-206
    (UST Fund)
    (Consolidated)
     
     
      
      
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    Home Oil Company (Home Oil) initiated these actions by the May 17, 2002 filing of
    two petitions for review and a motion to consolidate them. In its June 6, 2002 order, the
    Board consolidated the cases as requested, but directed Home Oil to file an amended petition
    curing noted deficiencies.
     
    On June 14, 2002, Home Oil Company timely filed an amended petition asking the
    Board to review the consolidated May 2, 2002 determinations of the Illinois Environmental
    Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2000); 35 Ill. Adm. Code 105.404.
    Pursuant to the procedural rules, the decision period recommences on that date with the filing
    of the amended petition. 35 Ill. Adm. Code 105.114 (b). On June 14, 2002, Home Oil also
    agreed to waive by ninety (90) days the deadline for decision imposed by statute upon the
    Board.
     
    The Agency denied Home Oil’s request for reimbursement of $43,180.80 in corrective
    action costs from the Illinois Underground Storage Tank Fund regarding an underground
    storage tank site. The site, a previously operated gasoline service station, is located at 2700
    W. Main St. in Belleville. Home Oil appeals on the grounds that: (1) the Agency denied costs
    for work done pursuant to a Corrective Action Plan, dated November 5, 1996, the Agency had
    approved; (2) the Agency denied costs on the grounds that Home Oil failed to demonstrate they
    were reasonable where the costs were reasonable and eligible for reimbursement under the
    Act; and (3) the Agency denied costs on the grounds that supporting documentation was not
    provided, where Home Oil claims that supporting documentation was in fact provided. Home
    Oil’s amended petition meets the content requirements of 35 Ill. Adm. Code 105.408. The
    Board accepts the amended petition in these consolidated cases for hearing.
     
    Home Oil 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
     
    2
    determination. 35 Ill. Adm. Code 105.412. Hearings will be scheduled and completed in a
    timely manner, consistent with the statutory deadline for decision. Only Home Oil may waive
    this deadline (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the
    extended decision deadline, Home Oil may deem its request granted.
    See
    415 ILCS 5/40(a)(2)
    (2000). Currently, the decision deadline is January 10, 2003. Based on the filing of the
    amended petition, the original statutory 120-day decision period ends October 12, 2002 (the
    120th day after June 14, 2002).
    See
    35 Ill. Adm. Code 105.114. Home Oil’s June 14, 2002
    90-day waiver further extends the decision deadline until January 10, 2003 (the 90th day after
    October 12, 2002). The Board meeting immediately before the decision deadline is currently
    December 19, 2002, as meetings in calendar year 2003 have not yet been scheduled.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the
    entire record of its determination by July 15, 2002, which is 30 days after Home Oil 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 June 20, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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