ILLINOIS POLLUTION CONTROL BOARD
    November 1, 2001
     
    BAHLMAN OIL COMPANY, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 02-13
    (UST Fund)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On July 30, 2001, the Board, at the parties’ request, extended until October 29, 2001, the
    time period within which Bahlman Oil Company, Inc. (Bahlman) may appeal a July 26, 2001
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2000); 35 Ill. Adm. Code 105.406. On October 26, 2001, Bahlman filed a petition
    asking the Board to review the Agency’s deductible determination regarding Bahlman’s
    underground storage tanks located in Beecher, Will County. Bahlman’s petition meets the
    content requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
     
    Bahlman has the burden of proof. 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. 35
    Ill. Adm. Code 105.412. Hearings will be scheduled and completed in a timely manner,
    consistent with the decision deadline (
    see
    415 ILCS 5/40(a)(2) (2000)), which only Bahlman
    may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to take final action by
    the decision deadline, Bahlman may deem its request granted.
    See
    415 ILCS 5/40(a)(2) (2000).
    Currently, the decision deadline is February 23, 2002 (the 120th day after October 26, 2001).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision deadline is
    scheduled for February 21, 2002.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination within 30 days after Bahlman filed the 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, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on November 1, 2001, by a vote of 6-0.
     
     
    2
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     

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