ILLINOIS POLLUTION CONTROL BOARD
    February 17, 2005
     
    MAC’S CONVENIENCE STORES, LLC,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 05-101
    (UST Appeal)
     
    ORDER OF THE BOARD (by A.S. Moore):
     
    In a December 16, 2004 order, the Board gave Mac’s Convenience Stores, LLC (Mac’s)
    until February 3, 2005, to file an amended petition for review of an October 21, 2004
    determination of the Illinois Environmental Protection Agency (Agency). The Agency’s
    determination concerns petroleum contamination at Mac’s gasoline service station, which is
    located at 105 South Front Street in Braidwood, Will County. In its determination, the Agency
    rejected several submittals from Mac’s under the Leaking Underground Storage Tank (UST)
    program: a Site Investigation Plan (SIP) and related Budget, as well a 45-Day Report. The
    Board found that Mac’s original petition was timely, but it was unclear whether the petition was
    filed by an attorney and whether Mac’s sought reversal of the Agency’s determination regarding
    the 45-Day Report, or only the SIP and Budget.
     
    On February 7, 2005, the Board received Mac’s amended petition. Under the Board’s
    procedural rules, the amended petition is cons
    idered timely-filed because it was sent by U.S.
    Mail postmarked on the filing deadline of February 3, 2005.
    See
    35 Ill. Adm. Code
    101.300(b)(2). Mac’s amended petition is accompanied by the motion of out-of-State attorney
    David L. Hatchett to appear
    pro hac vice
    . According to the motion, which is supported by
    affidavit, Mr. Hatchett is a member in good standing of the Indiana bar. The Board grants the
    motion to allow Mr. Hatchett to appear on behalf of Mac’s in this appeal.
    See
    35 Ill. Adm. Code
    101.400(a)(3).
     
    The amended petition states that Mac’s appeals not only the Agency’s rejection of the
    SIP and Budget, but also the Agency’s rejection of the 45-Day Report. The amended petition
    also provides grounds for appeal. The Board finds that Mac’s amended petition remedies the
    deficiencies of the original petition identified in the Board’s December 16, 2004 order.
    Accordingly, the Board accepts the amended petition for hearing.
     
    Mac’s 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
    petitioner the opportunity to challenge the Agency’s reasons for its decision, information
     
    2
    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).
     
    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 Mac’s may extend by waiver
    (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline,
    Mac’s may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2002). Currently, the decision
    deadline is June 7, 2005, which is the 120th day after the Board received the amended petition.
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for June 2, 2005.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by March 9, 2005, which is 30 days after the Board received Mac’s
    amended petition.
    See
    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.
    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 February 17, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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