ILLINOIS POLLUTION CONTROL BOARD
    June 7, 2007
    RUSS TAYLOR d/b/a MAHOMET HEN
    HOUSE,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-80
    (UST Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On March 1, 2007, the Board, at the parties’ request, extended until May 23, 2007, the
    time period within which Russ Taylor d/b/a Mahomet Hen House (petitioner) may appeal a
    January 10, 2007 determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2004); 35 Ill. Adm. Code 105.406. On May 23, 2007, petitioner filed a
    petition asking the Board to review the Agency’s determination. The Agency modified
    petitioner’s High Priority Corrective Action Budget for petitioner’s leaking underground
    petroleum storage tank site located at Route 47 and Eastwood Drive, Mahomet, Champaign
    County.
    Under the Environmental Protection Act (415 ILCS 5 (2004)), the Agency determines
    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 modified petitioner’s budget
    regarding the Champaign County site. The Agency modified the budget by denying eligibility
    for costs in the amount of $6,016.02. According to petitioner, the Agency’s decision is
    erroneous, arbitrary, and capricious. Petition at 2. Petitioner’s 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.
    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 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 September 20, 2007, which is 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 September 20, 2007.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by June 22, 2007.
    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, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on June 7, 2007, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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