ILLINOIS POLLUTION CONTROL BOARD
    March 4, 2004
     
    ROBERT and TONY THOMPSON,
     
    Petitioners,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-85
    (UST Appeal)
     
    ORDER OF THE BOARD (by A.S. Moore):
     
    On December 4, 2003, at the parties’ request, the Board extended until February 20,
    2004, the time period for Robert and Tony Thompson (Thompsons) to appeal an October 17,
    2003 determination of the Illinois Environmental Protection Agency (Agency). On February 20,
    2004, the Thompsons timely filed a petition asking the Board to review the Agency’s
    determination.
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 101.300(b), 105.402,
    105.406. The Agency’s determination concerns the Thompsons’ underground storage tank
    (UST) site at Fourth and Jefferson in Cairo, Alexander County. For the reasons below, the
    Board accepts the Thompsons’ petition for hearing.
     
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2002)), the Agency decides
    whether to approve proposed cleanup plans for leaking UST sites, as well as requests for cleanup
    cost reimbursement from the State’s UST Fund, which consists of UST fees and motor fuel
    taxes. If the Agency disapproves or modifies a submittal, the UST owner or operator may appeal
    the decision to the Board.
    See
    415 ILCS 5/40(a)(1), 57-57.17 (2002); 35 Ill. Adm. Code
    105.Subpart D. In this case, the Agency denied UST Fund reimbursement for some of the
    Thompsons’ requested costs, stating that the rejected costs were unreasonable. The Thompsons
    appeal on the grounds that the costs at issue are reasonable corrective action costs and eligible to
    be reimbursed under the Act. The Thompsons’ petition meets the content requirements of 35 Ill.
    Adm. Code 105.408.
     
    The Board accepts the petition for hearing. The Thompsons have 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 determination.
    See
    35 Ill. Adm. Code 105.412.
    Accordingly, though the Board hearing affords petitioners 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); Community Landfill Co. & City of
    Morris v. IEPA, PCB 01-170 (Dec. 6, 2001),
    aff’d sub nom.
    331 Ill. App. 3d 1056, 772 N.E.2d
    231 (3d Dist. 2002).
     
     
    2
    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 the Thompsons may extend by
    waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision
    deadline, the Thompsons may deem their request granted.
    See
    415 ILCS 5/40(a)(2) (2002).
    Currently, the decision deadline is June 19, 2004, which is the 120th day after the Board received
    the petition.
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the
    decision deadline is scheduled for June 17, 2004.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by March 22, 2004, which is the first business day following the 30th
    day after the Board received the Thompsons’ petition.
    See
    35 Ill. Adm. Code 101.300(a),
    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).
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on March 4, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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