ILLINOIS POLLUTION CONTROL BOARD
    September 7, 2006
    CONOCOPHILIPS COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 07-14
    (UST Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On September 1, 2006, Conocophillips Company timely filed a petition asking the Board
    to review a July 26, 2006 determination of the Illinois Environmental Protection Agency
    (Agency) (
    see
    415 ILCS 5/40(a)(1) (2004); 35 Ill. Adm. Code 105.404), denying petitioners
    request for reimbursement from the Underground Storage Tank Fund. Petitioner seeks
    reimbursement for remediation at a site located at 524 Old York Road, Elmhurst. Petitioner
    appeals on the grounds that the Agency’s decision is procedurally defective and “incorrect both
    in terms of the applicable statutes and regulations as applied to the pertinent facts and on general
    equitable and estoppel grounds.” The petition meets the content requirements of 35 Ill. Adm.
    Code 105.408. The Board accepts the petition for hearing.
    Petitioner 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 the 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 petitioner
    may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by
    the decision deadline, petitioner may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2004).
    Currently, the decision deadline is December 30, 2006 (the 120th day after September 1, 2006).
    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 by October 2, 2006, which is 30 days after petitioner 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).
    2
    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

    Back to top