ILLINOIS POLLUTION CONTROL BOARD
    September 30, 2008
    DALEE OIL COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 09-17
    (UST Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On September 17, 2008, Dalee Oil Company (Dalee) timely filed a petition asking the
    Board to review an August 11, 2008 determination of the Illinois Environmental Protection
    Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2006); 35 Ill. Adm. Code 105.402. The Agency’s
    determination concerns Dalee’s leaking underground storage tank (UST) site located at
    Broadway and Olive Street in Highland, Madison County. For the reasons below, the Board
    accepts Dalee’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 rejected Dalee’s Amended High Priority
    Corrective Action Plan and associated budget regarding the Madison County site. Dalee appeals
    on the grounds that the Agency’s rejection of the plan and budget was “erroneous, arbitrary,
    capricious and contrary to law.” Petition at 2. Dalee’s petition meets the content requirements
    of 35 Ill. Adm. Code 105.408.
    The Board accepts the petition for hearing. Dalee 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 Dalee 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 Dalee may extend by waiver
    2
    (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline,
    Dalee may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2006). Currently, the decision
    deadline is January 15, 2009, 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 January 8, 2009.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by October 17, 2008, which is the 30th day after the Board received
    Dalee’s petition for review.
    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 September 30, 2008, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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