ILLINOIS POLLUTION CONTROL BOARD
March 18, 2004
THOMECZEK OIL COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB 04-91
(UST Appeal)
ORDER OF THE BOARD (by N.J. Melas):
On December 18, 2003, at the parties’ joint request, the Board extended until March 4,
2004, the time period for Thomeczek Oil Company (Thomeczek) to appeal an October 31, 2003
determination of the Illinois Environmental Protection Agency (Agency). On March 4, 2004,
Thomeczek 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 approval of a high priority corrective action plan and corresponding
budget, for Thomeczek’s leaking underground petroleum storage tank facility located at 3252
West Chain of Rocks Road, Granite City, Madison County. For the reasons below, the Board
accepts the petition for hearing.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2002)), the Agency decides
whether to approve proposed cleanup plans for leaking Underground Storage Tank (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 personnel costs that Thomeczek’s requested in the amount of $6,355, stating
that the rejected costs were unreasonable. Thomeczek appeals on the grounds that the costs at
issue are reasonable and consistent corrective action costs and eligible to be reimbursed under
the Act and corresponding regulations. The petition meets the content requirements of 35 Ill.
Adm. Code 105.408.
The Board accepts the petition for hearing. Thomeczek 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 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,
2
PCB 01-170 (Dec. 6, 2001),
aff’d sub nom.
331 Ill. App. 3d 1056, 772 N.E.2d 231 (3rd 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 Thomeczek may extend by
waiver. S
ee
35 Ill. Adm. Code 101.308. If the Board fails to take final action by the decision
deadline, Thomeczek may deem its request granted.
See
415 ILCS 5/40(a)(2) (2002). Currently,
the decision deadline is July 2, 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 April 5, 2004, being the first business day following the 30th day
after the Board received the 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 18, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
