ILLINOIS POLLUTION CONTROL BOARD
    May 15, 2003
     
    DALEE OIL COMPANY, (9-1-2001 through
    11-30-2001; 7-1-2001 through 9-30-2001;
    11-1-2001 through 8-31-2002),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-118
    PCB 03-119
    PCB 03-150
    (UST Appeal)
    (Consolidated)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On February 20, 2003, the Board, at the parties’ request, extended until May 8, 2003, the
    time period within which DaLee Oil Company may appeal January 3, 2003 determinations of the
    Illinois Environmental Protection Agency (Agency) in dockets PCB 03-118 and PCB 03-119.
    On March 20, 2003, the Board, at the parties’ request, extended until June 11, 2003, the time
    period within which DaLee Oil Company may appeal February 6, 2003 determinations of the
    Agency in docket PCB 03-150.
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.406.
     
    On May 12, 2003, DaLee Oil Company filed a petition asking the Board to review the
    Agency’s determinations in the three separate dockets. Because the postmark date of the petition
    is within the extended time for filing, the petition was timely filed. 35 Ill. Adm. Code
    101.300(b)(2), 105.404. At issue is the Agency’s approval of the reimbursement of requested
    corrective action costs, with modifications, regarding DaLee Oil Company’s underground
    storage tank site located at Route 177 West, Okawville, Washington County. The costs were
    incurred for three separate periods: September 1, 2001 through November 30, 2001 for docket
    PCB 03-118; July 1, 2001 through September 30, 2001 for docket PCB 03-119; and
    November 1, 2001 through August 31, 2002 for PCB 03-150.
     
    DaLee Oil Company appeals on the grounds that the Agency modification of the
    requested costs for reimbursement was arbitrary and capricious and failed to recognize that the
    requested costs were within generally accepted engineering practices and within the range of
    reasonable charges for such practices. DaLee Oil Company’s petitions meet the content
    requirements of 35 Ill. Adm. Code 105.210. The Board accepts the petitions for hearing.
     
    With the three separate petitions, DaLee Oil Company filed a motion to consolidate the
    three dockets for hearing and consideration. In the motion DaLee Oil Company states the
    Agency has no objection to consolidation of these matters. The Board grants consolidation of
    the three dockets for purposes of hearing and consideration.
     
     
    2
    DaLee Oil Company 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 DaLee Oil Company may extend by waiver.
    See
    35 Ill. Adm. Code 101.308. If the Board
    fails to take final action by the decision deadline, DaLee Oil Company may deem its request
    granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision deadline is September 9, 2003
    (the 120th day after May 12, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting
    immediately before the decision deadline is scheduled for September 4, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by June 11, 2003, which is 30 days after DaLee Oil Company filed
    the petition. 35 Ill. Adm. Code 105.212(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.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on May 15, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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