ILLINOIS POLLUTION CONTROL BOARD
    June 19, 1997
    MAYWOOD/PHILLIPS 66
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 97-169
    (UST - Reimbursement)
    ORDER OF THE BOARD (by M. McFawn):
    Petitioner Maywood/Phillips 66 has filed an appeal of the Illinois Environmental
    Protection Agency’s (“Agency”) denial of reimbursement from the Underground Storage Tank
    Fund of certain costs in connection with corrective and remedial action at Petitioner’s gas
    station in Maywood, Illinois. By an order dated June 5, 1997, the Board accepted this matter
    for hearing.
    Now pending before the Board is the Agency’s Motion for Extension of Time to File
    Agency Record, dated June 6, 1997 and filed with the clerk on June 11, 1997. In its motion,
    the Agency states that the petition was filed on or about June 1, 1997, and that the Agency
    received notice of the filing on or about June 2, 1997. Under 35 Ill. Adm. Code
    105.102(a)(4),
    1
    the entire record of the Agency regarding Petitioner’s application for
    reimbursement (the “Agency Record”) is to be filed with the Board within 14 days of notice of
    the petition. The Agency notes that a public hearing has not been scheduled in this matter, and
    requests that the Board extend the period for filing of the Agency Record to “not less than 30
    days from the date of the scheduled public hearing” in this case. The Agency states that
    Petitioner already has a majority of the documents that would constitute the Agency Record in
    this case and therefore will not be prejudiced by this extension. Petitioner has not filed a
    response to the Agency’s motion.
    The Board grants the Agency’s motion, with one modification. The Board notes that if
    either party files a motion for summary judgment, the Board may need the complete Agency
    Record. Accordingly, the Board’s order will provide that the Agency Record must be filed
    within 14 days after the Agency files a motion for summary judgment or receives a motion for
    summary judgment filed by Petitioner.
    1
    Section 105.102 governs permit appeals. Under Section 57.8(i) of the Illinois Environmental
    Protection Act, 415 ILCS 5/57.8(i), appeals of denials of reimbursement from the
    Underground Storage Tank Fund are conducted in the same manner as permit appeals.
    2
    ORDER
    The Board grants Respondent’s motion to file the Agency Record not less than 30 days
    from the date of the scheduled public hearing or as otherwise ordered by the hearing officer;
    provided, however, that if either party files a motion for summary judgment, the Agency must
    file the Agency Record within 14 days after such motion is filed or received by the Agency.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 19th day of June, 1997, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top