ILLINOIS POLLUTION CONTROL BOARD
    August 21, 2003
     
    PRIME TIME CITGO, INC. and
    ALPHONSUS OLIEH,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-188
    PCB 03-217
    (UST Appeals)
    (Consolidated)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On June 5, 2003, the Board, at the parties’ request, extended until August 11, 2003, the
    time period within which Prime Time CITGO, Inc. and Alphonsus Olieh (petitioners) may
    appeal an April 4, 2003 determination of the Illinois Environmental Protection Agency
    (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.406. On August 11, 2003,
    petitioners filed a petition asking the Board to review the Agency’s determination. The Agency
    approved reimbursement of requested costs of corrective action, with modifications, regarding
    petitioners’ underground storage tank site located at 420 North Farnsworth, Aurora, Kane
    County. Petitioners appeal on the grounds that under the circumstances of this case, certain costs
    disallowed by the Agency are indeed reasonable necessary costs of corrective action that are
    reimbursable under the Environmental Protection Act (Act) (415 ILCS 5/
    et seq
    . (2002)).
    Petitioners’ petition meets the content requirements of 35 Ill. Adm. Code 105.408. The Board
    accepts the petition for hearing and dockets this matter as PCB 03-217.
     
    Included with the August 11, 2003 petition in docket PCB 03-217 was a motion to
    consolidate dockets PCB 03-188 and PCB 03-217. On June 5, 2003, in docket PCB 03-188, the
    Board accepted a separate appeal for hearing that was filed by the petitioners. The petition in
    PCB 03-188 concerns the Agency’s denial of an amendment to the petitioners’ High Priority
    Corrective Action Plan Budget. The petitioners’ motion asserts that both appeals involve the
    same facts, corrective action costs, and questions of law, so both would be most efficiently
    handled together. The Board hereby grants consolidation of the two dockets PCB 03-188 and
    PCB 03-217.
     
    Petitioners have 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. In both dockets, petitioners have waived the decision deadline (
    see
    415 ILCS
    5/40(a)(2) (2002)), which only petitioners may extend by waiver (
    see
    35 Ill. Adm. Code
    101.308).
     
     
    2
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by September 10, 2003, which is 30 days after petitioners 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).
     
    Accordingly, this order accepts PCB 03-217 for hearing, grants the petitioners’ motion to
    consolidate, and consolidates these appeals for hearing.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on August 21, 2003, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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