ILLINOIS POLLUTION CONTROL BOARD
    January 5, 2006
     
    DALEE OIL COMPANY (SCWP/B),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 06-40
    (UST Appeal)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On September 15, 2005, the Board, at the parties’ request, extended until December 27,
    2005, the time period within which Dalee Oil Company may appeal an August 19, 2005
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2004); 35 Ill. Adm. Code 105.406. On December 27, 2005, Dalee Oil Company filed
    a petition asking the Board to review the Agency’s determination. The Agency approved the site
    classification work plan, with modifications
    petroleum storage tank facility located at 905 North Hen House Road, Okawville, Washington
    County.
     
    Dalee Oil Company appeals on the grounds that (1) the stated bases for the Agency
    determination are not supported by the record; (2) the Agency was able to determine whether the
    costs were for unpermitted purposes based on the record; (3) the Agency decision applies
    unpromulgated rules; and (4) the Agency may not rely on discretion when making reasonability
    decisions. Dalee Oil Company’s petition meets the content requirements of 35 Ill. Adm. Code
    105.408. The Board accepts the petition for hearing.
     
    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 (415 ILCS 5/40(a)(2) (2004)), which only
    Dalee Oil Company may extend by waiver (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) (2004). Currently, the decision deadline is April 26, 2006 (the 120th day
    after December 27, 2005).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately
    before the decision deadline is scheduled for April 20, 2006.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by January 26, 2006, which is 30 days after Dalee Oil Company 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
     
    2
    filed. 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 January 5, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top