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.
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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