ILLINOIS POLLUTION CONTROL BOARD
    August 23, 2007
    DALEE OIL COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 08-16
    (UST Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On August 20, 2007, Dalee Oil Company (petitioner) timely filed a petition asking the
    Board to review a July 12, 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 petitioner’s property located at Broadway and Olive
    Street, Madison County. For reasons below, the Board accepts petitioner’s petition for hearing.
    Under the Environmental Protection Act (415 ILCS 5 (2006)), 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
    (2006); 35 Ill. Adm. Code 105.Subpart D. In this case, the Agency denied petitioner’s corrective
    action plan and budget regarding the Madison County site. 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).
    Hearings will be scheduled and completed in a timely manner, consistent with the
    decision deadline (
    see
    415 ILCS 5/40(a)(2) (2006)), 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) (2006). Currently, the
    2
    decision deadline is December 18, 2007, which is the 120th day after the Board received the
    petition.
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision
    deadline is scheduled for December 6, 2007.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by September 24, 2007, which is the first business day following the
    30th day after the Board received petitioner’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, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on August 23, 2007, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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