ILLINOIS POLLUTION CONTROL BOARD
    April 17, 2003
     
    FREEDOM OIL COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-54
    PCB 03-105
    PCB 03-179
    (UST Fund)
    PCB 03-56
    (UST Appeal)
    (Consolidated)
     
         
    ORDER OF THE BOARD (by L.P. Padovan):
    On April 4, 2003, Freedom Oil Company (Freedom Oil) timely filed a petition asking the
    Board to review the Illinois Environmental Protection Agency’s (Agency) decision partially
    denying Freedom Oil’s request to be reimbursed from the State’s Underground Storage Tank
    (UST) Fund.
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.402. The Agency’s
    decision concerns Freedom Oil’s leaking UST site, a service station at 401 South Main Street in
    Paris, Edgar County. Freedom Oil also moves the Board to consolidate this appeal with three
    previously consolidated UST appeals of Freedom Oil, docketed PCB 03-54, PCB 03-105, and
    PCB 03-56. For the reasons below, the Board accepts this petition for hearing and grants
    Freedom Oil’s motion to consolidate.
    In its petition, Freedom Oil asserts that the Agency erred in deciding Freedom Oil could
    not be reimbursed $169,051.90 from the UST Fund. Petition at 2. Freedom Oil clarifies by
    April 8, 2003 filing that the petition pertains to three leaking UST incident numbers: 20020433;
    20021122; and 20021420. Freedom Oil claims, among other things, that the Agency denied
    approximately $143,000 of the $169,051.90 by improperly apportioning the costs to ineligible
    USTs at the site. Petition at 2.
    1
       
    The Board accepts the petition for hearing. Freedom Oil 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 decision.
    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);
    see also
    Community Landfill Co. & City of Morris v. IEPA,
    1
    In its application to the Agency, Freedom Oil had requested over $709,000 in UST Fund
    reimbursement for June 30, 2003 to November 22, 2002. The Agency decision stated a voucher
    for $540,696.60 would be prepared to pay Freedom Oil. Petition Exhibit at 1.
     
     
    2
     
    PCB 01-170 (Dec. 6, 2001),
    aff’d sub nom.
    331 Ill. App. 3d 1056, 772 N.E.2d 231 (3d Dist.
    2002).
    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 Freedom Oil may extend by
    waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision
    deadline, Freedom Oil may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline is August 4, 2003, which is the first business day following the
    120th day after receipt of Freedom Oil’s petition.
    See
    35 Ill. Adm. Code 101.300(a), 105.114.
    The Board meeting immediately before the decision deadline is scheduled for July 24, 2003.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its decision by May 5, 2003, which is the first business day following the 30th day after
    receipt of Freedom Oil’s petition.
    See
    35 Ill. Adm. Code 101.300(a), 105.116, 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).
     
    Freedom Oil also asks the Board to consolidate this appeal (PCB 03-179) with three other
    Freedom Oil appeals (PCB 03-54, PCB 03-105, and PCB 03-56) that the Board, by order of
    February 20, 2003, consolidated for hearing. Petition at 2-3. Freedom Oil states that factual and
    legal issues in the appeals are similar and consolidation will conserve resources.
    Id
    . at 3. The
    Board notes that the appeals involve the same parties, the same Edgar County leaking UST site,
    and issues of Freedom Oil’s cleanup and cleanup cost reimbursement from the UST Fund. The
    Agency has not objected to consolidation. The Board grants Freedom Oil’s motion to
    consolidate. The appeals are consolidated for hearing, but not necessarily for Board decision.
    See
    35 Ill. Adm. Code 101.406. Future filings must reflect the amended caption of this order.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on April 17, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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