ILLINOIS POLLUTION CONTROL BOARD
    September 20, 2007
    WILLINGHAM FARMS,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-121
    (UST Appeal)
    ORDER OF THE BOARD (by T.E. Johnson):
    On June 7, 2007, at the parties’ request, the Board extended until September 7, 2007, the
    time period for Willingham Farms to appeal a May 2, 2007 determination of the Illinois
    Environmental Protection Agency (Agency). On September 7, 2007, Willingham Farms timely
    filed a petition asking the Board to review the Agency’s determination.
    See
    415 ILCS 5/40(a)(1)
    (2006); 35 Ill. Adm. Code 101.300(b), 105.402, 105.406. The Agency’s determination concerns
    Willingham Farms’ leaking petroleum underground storage tank (UST) site at 5713 Shawnee
    College Road, Ullin, Pulaski County. For the reasons below, the Board accepts Willingham
    Farms’ petition for hearing.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), the Agency decides
    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 (2006); 35 Ill. Adm. Code
    105.Subpart D. In this case, the Agency denied Willingham Farms’ Corrective Action Plan and
    Budget. Petition at 2-4. Willingham Farms appeals on the grounds that the Agency exceeded its
    authority by requiring the submission of information that was not required under the applicable
    regulations.
    Id
    . at 3. Willingham Farms’ petition meets the content requirements of 35 Ill. Adm.
    Code 105.408.
    The Board accepts the petition for hearing. Willingham Farms 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.
    Community Landfill Co. & City of
    Morris v. PCB & IEPA, 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) (2006)), which only Willingham Farms may extend
    by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision
    deadline, Willingham Farms may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2006).
    Currently, the decision deadline is January 7, 2008, 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 December 20, 2007.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by October 9, 2007, which is the first business day following the 30th
    day after the Board received Willingham Farms’ petition.
    See
    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.
    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 Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on September 20, 2007, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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