ILLINOIS POLLUTION CONTROL BOARD
    September 7, 2006
    J.D. STREETT & COMPANY, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-006
    (UST Appeal)
    ORDER OF THE BOARD (by N.J. Melas):
    On July 31, 2006, J.D. Streett & Company, Inc. (J.D. Streett) filed a petition asking the
    Board to review a June 21, 2006 determination of the Illinois Environmental Protection Agency
    (Agency).
    See
    415 ILCS 5.40(a)(1) (2004); 35 Ill. Adm. Code 105.402. The Agency rejected
    the corrective action plan and budget for J.D. Streett & Company’s leaking underground storage
    tank site located at 510 East Linn Street, Canton, Fulton County.
    On August 4, 2006, the Board found the petition deficient for failing to state the grounds
    for appeal and allowed J.D. Streett until September 5, 2006 to file an amended petition curing the
    deficiency. The Board, on its own motion, also struck a paragraph in the petition purporting to
    reserve a right to add grounds for appeal at any time, stating that all reasons for appeal must be
    set forth in the original petition.
    On August 28, 2006, J.D. Streett timely filed an amended petition asking the Board to
    review the Agency’s July 21, 2006 determination. For the reasons below, the Board accepts J.D.
    Streett’s amended petition for hearing.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2004)), 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
    (2004); 35 Ill. Adm. Code 105.Subpart D. In this case, the Agency rejected J.D. Street’s entire
    Corrective Action Plan & Budget. J.D. Streett states that it disagrees with the Agency’s reasons
    for denying the plan and budget and specifically appeals on the grounds that the documentation it
    submitted was “complete and in accordance with all applicable legal requirements and best
    engineering practices.” J.D. Streett’s petition meets the content requirements of 35 Ill. Adm.
    Code 105.408.
    The Board accepts the petition for hearing. J.D. Streett has the burden of proof.
    See
    35
    Ill. Adm. Code 105.112(a). Hearings will be based exclusively on the record before the Agency
    2
    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 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) (2004)), which only J.D. Streett may extend by
    waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision
    deadline, J.D. Streett may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2004). Currently,
    the decision deadline is December 26, 2006, 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 December 21, 2006.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by September 27, 2006, which is the 30th day after the Board
    received J.D. Streett’s 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 September 7, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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