ILLINOIS POLLUTION CONTROL BOARD
    March 16, 2006
     
    ARLYN D. FISK d/b/a ARLYN FISK’S
    SERVICE CENTER,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 06-145
    (UST Appeal)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On March 13, 2006 Arlyn D. Fisk d/b/a Arlyn Fisk's Service Center (Arlyn Fisk) filed a
    petition asking the Board to review a February 2, 2006 determination of the Illinois
    Environmental Protection Agency (Agency). Because the postmark date of the petition is within
    the time for filing, the petition was timely filed.
    See
    415 ILCS 5/40(a)(1) (2004); 35 Ill. Adm.
    Code 101.300(b)(2), 105.402. The Agency rejected the Site Investigation Plan and associated
    budget for Arlyn Fisk’s leaking underground petroleum storage tank facility located at 210 East
    Pine Street in Percy, Randolph County.
     
    Among other things, the Agency determination letter stated that “this incident is not
    subject to Title XVI of the Act or 35 Ill. Adm. Code 731” for specified reasons listed in the
    letter. Pet. Exh. A at 1. Arlyn Fisk appeals on the grounds that the reasons stated by the Agency
    for rejection are (1) contrary to the factual evidence in the record and (2) contrary to the
    provisions of the Environmental Protection Act (Act) (415 ILCS 5/1
    et seq.
    (2004)) and Board
    regulations. Pet. at 2.
     
    Arlyn Fisk’s petition meets the content requirements of 35 Ill. Adm. Code 105.408. The
    Board accepts the petition for hearing. However, the Board strikes paragraph (7) of Arlyn Fisk’s
    petition in which he purports to reserve “the right to add additional bases for reversal of the
    IEPA’s decision, as any may become apparent.” Pet. at 2. Neither the Act nor the Board’s
    regulations contemplate addition of grounds for appeal once a timely petition has been filed.
    See
     
    415 ILCS 5/40 (a)(1) (2004) and 35 Ill. Adm. Code 105.404 and 105.408.
     
    Arlyn Fisk 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 (
    see
    415 ILCS 5/40(a)(2) (2004)), which
    only Arlyn Fisk may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to
    take final action by the decision deadline, Arlyn Fisk may deem its request granted.
    See
    415
    ILCS 5/40(a)(2) (2004). Currently, the decision deadline is July 20, 2006 (the 120th day after
     
    2
    March 13, 2006).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the
    decision deadline is scheduled for July 11, 2006.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by April 12, 2006, which is 30 days after Arlyn Fisk 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).
     
    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 16, 2006, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top