ILLINOIS POLLUTION CONTROL BOARD
    WAUCONDA COMMUNITY UNIT
    SCHOOL DISTRICT #118,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 08-39
    (UST Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On December 19, 2007, Wauconda Community Unit School District #118 (Wauconda)
    timely filed a petition asking the Board to review a November 14, 2007 determination of the
    Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2006); 35 Ill.
    Adm. Code 105.402, 105.404. The Agency’s determination concerns Wauconda’s leaking
    underground storage tank (UST) site located 225 Osage Street, Wauconda, Lake County. For the
    reasons below, the Board accepts Wauconda’s petition for hearing.
    Under the Environmental Protection Act (415 ILCS 5 (2006)), the Agency decides
    whether to approve proposed cleanup plans and budgets 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 rejected Wauconda’s Corrective Action
    Completion Report. Wauconda appeals on the grounds that numerous conclusions reached by
    the Agency are erroneous, arbitrary, and capricious. Wauconda’s petition meets the content
    requirements of 35 Ill. Adm. Code 105.408.
    The Board accepts the petition for hearing. Wauconda 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).
    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 Wauconda may extend by
    waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision
    2
    deadline, Wauconda may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2006). Currently,
    the decision deadline is April 17, 2008, which is the 120th day after the date on which the Board
    received the petition, December 19, 2007.
    See
    35 Ill. Adm. Code 105.114. A Board meeting is
    scheduled for April 17, 2008.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by January 18, 2008, which is 30 days after the Board received
    Wauconda’s 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 January 10, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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