ILLINOIS POLLUTION CONTROL BOARD
    January 23, 2003
     
    FREEDOM OIL COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-56
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On November 7, 2002, the Board, at the parties’ request, extended until January 23, 2003,
    the time period within which Freedom Oil Company (Freedom Oil) may appeal a September 20,
    2002 determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2002); 35 Ill. Adm. Code 105.406. On January 21, 2003, Freedom Oil filed a petition
    asking the Board to review the Agency’s determination. The Agency rejected the site
    classification work plan regarding a leaking underground storage tank site at 401 South Main
    Street in Paris, Edgar County. Freedom Oil appeals on the grounds that the Agency improperly
    rejected Freedom Oil’s site classification work plan. Freedom Oil’s petition meets the content
    requirements of 35 Ill. Adm. Code 105.408. The Board accepts the petition for hearing.
     
    Freedom Oil 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) (2002)), which
    only Freedom Oil may extend by waiver (
    see
    35 Ill. Adm. Code 101.308). If the Board fails to
    take final action by the decision deadline, Freedom Oil may deem its request granted.
    See
    415
    ILCS 5/40(a)(2) (2002). Currently, the decision deadline is May 21, 2003 (the 120th day after
    January 21, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the
    decision deadline is scheduled for May 15, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by February 20, 2003, which is 30 days after Freedom Oil 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.
     
     
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 23, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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