ILLINOIS POLLUTION CONTROL BOARD
    May 1, 2008
    MOTO, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 08-43
    (UST Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On January 10, 2008, at the parties’ request, the Board extended until April 23, 2008, the
    time period for Moto, Inc. (Moto) to appeal a December 18, 2007 determination of the Illinois
    Environmental Protection Agency (Agency). On April 23, 2008, Moto 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, 105.404, 105.406. The Agency’s determination concerns a
    leaking petroleum underground storage tank (UST) site located at I-70 and Highway 45 (15451
    North U.S. Highway 45) in Effingham County. For the reasons below, the Board accepts Moto’s
    petition for hearing.
    Under the Environmental Protection Act (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 modified Moto’s high priority corrective
    action plan and budget. Moto appeals on the grounds that the Agency’s determination is
    erroneous, arbitrary, capricious, and contrary to law. Moto’s petition meets the content
    requirements of 35 Ill. Adm. Code 105.408.
    The Board accepts the petition for hearing. Moto 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 Moto may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline, Moto
    may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2006). Currently, the decision deadline
    is August 21, 2008, which is the 120th day after the date on which the Board received the
    petition, April 23, 2008.
    See
    35 Ill. Adm. Code 105.114. A Board meeting is scheduled for
    August 21, 2008.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by May 23, 2008, which is 30 days after the Board received Moto’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 T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on May 1, 2008, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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