ILLINOIS POLLUTION CONTROL BOARD
    February 5, 2009
    BUGAIESKI OIL COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 09-49
    (UST - Fund Reimbursement)
    ORDER OF THE BOARD (by G.T. Girard):
    On January 26, 2009, Bugaiesk Oil Company (Bugaieski), timely filed a petition (Pet.)
    asking the Board to review a determination by the Illinois Environmental Protection Agency
    (Agency).
    See
    415 ILCS 5/40(a)(1) (2006); 35 Ill. Adm. Code 101.300(b), 105.402. The
    Agency’s determination concerns Bugaieski’s former Underground storage tank site located at
    Route 184 and Route 14 in Mulkeytown, Franklin County. For the reasons below, the Board
    accepts the petition for hearing.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2006)), the Agency
    determines 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 partially rejected Bugaieski’s reimbursement
    application, stating that Bugaieski failed to include sufficient “supporting documentation and
    justification” for its costs. Bugaieski appeals on the grounds that the Agency’s requirements of
    cost “breakdown[s]” and “justification[s]” on reimbursement forms are not supported by statute.
    Pet at 2-3. Bugaieski’s petition meets the content requirements of 35 Ill. Adm. Code 105.408.
    The Board accepts the petition for hearing. Bugaieski 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 the petitioner an opportunity to challenge the Agency’s bases
    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.N2d 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 (3d 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 Bugaieski may extend by waiver
    (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by the decision deadline,
    Bugaieski may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2006). Currently, the
    decision deadline is May 26, 2009.
    See
    35 Ill. Adm. Code 105.114. The Board meeting
    immediately before the decision deadline is scheduled for May 21, 2009.
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by February 25, 2009, which is 30 days after the Board received
    Bugaieski’s petition. 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. 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 February 5, 2009, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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