ILLINOIS POLLUTION CONTROL BOARD
    February 15, 2007
    2F, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-76
    (UST Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On February 9, 2007, 2F, Inc. (2F) timely filed a petition asking the Board to review a
    January 5, 2007 determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2004); 35 Ill. Adm. Code 101.300(b), 105.402, 105.406. The Agency’s
    determination concerns 2F’s underground storage tank (UST) site located at 1011 West Poplar
    Street in Harrisburg, Saline County. For reasons below, the Board accepts 2F’s petition for
    hearing.
    Under the Environmental Protection Act (415 ILCS 5 (2004)), the Agency determines
    whether to approve proposed cleanup plans for leaking 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 partially denied 2F’s request for reimbursement from
    the UST Fund regarding the Harrisburg site. The denied amount is $3,081. In its petition for
    review, 2F asserts that its request was approved by operation of law because the Agency failed to
    approve the payment application within 120 days. Alternatively, according to 2F, the Agency’s
    claims that 2F’s application for the funds at issue lacked supporting documentation are
    erroneous, arbitrary, and capricious. 2F’s petition meets the content requirements of 35 Ill. Adm.
    Code 105.408.
    The Board accepts the petition for hearing. 2F 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 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 (3rd Dist. 2002).
    2
    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 2F may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline, 2F
    may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2004). Currently, the decision deadline
    is June 11, 2007, which is the first business day following the 120th day after the Board received
    the petition.
    See
    35 Ill. Adm. Code 101.300(a), 105.114. The Board meeting immediately
    before the decision deadline is scheduled for June 7, 2007.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by March 12, 2007, which is the first business day following the 30th
    day after the Board received 2F’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 February 15, 2007, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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