ILLINOIS POLLUTION CONTROL BOARD
    January 23, 2003
     
    FREEDOM OIL COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-105
    (UST Fund)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On January 14, 2003, Freedom Oil Company (Freedom Oil) timely filed a petition
    asking the Board to review a December 18, 2002 determination of the Illinois Environmental
    Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002),
    amended by
    P.A. 92-0574, eff.
    June 26, 2002; 35 Ill. Adm. Code 105.404. The Agency decided to assess a $20,000 deductible
    against a $185,644.12 claim for payment from the Underground Storage Tank Fund regarding an
    underground storage tank site 401 South Main Street in Paris, Edgar County.
     
    In addition, the Agency agreed to pay only $83,521.78 of the requested $185.644.12
    claim. Freedom Oil appeals on two grounds. First, Freedom Oil argues that the Agency lacked
    authority to apply a $20,000 deductible because Freedom Oil had already paid a $10,000
    deductible as directed by the Office of the State Fire Marshall. Second, Freedom Oil argues that
    all costs included in the $185,644.12 claim were eligible for reimbursement contrary to the
    Agency’s decision. 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),
    amended
    by
    P.A. 92-0574, eff. June 26, 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),
    amended by
    P.A. 92-0574,
    eff. June 26, 2002. Currently, the decision deadline is May 14, 2003 (the 120th day after January
    14, 2003).
    See
    35 Ill. Adm. Code 105.114. The Board meeting immediately before the decision
    deadline is scheduled for May 1, 2003.
     
    Unless the Board or the hearing officer orders otherwise, the Agency must file the entire
    record of its determination by February 13, 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.
     
    2
    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 January 23, 2003, by a vote of 6-0.
     
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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