ILLINOIS POLLUTION CONTROL BOARD
    March 30, 2005
     
    FREEDOM OIL COMPANY,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 03-54
    PCB 03-56
    PCB 03-105
    PCB 03-179
    PCB 04-2
    (UST Appeal)
    (Consolidated)
     
    HEARING OFFICER ORDER
     
    On March 30, 2005, respondent filed a motion for continuance of the hearing and for an
    extension of time to file the administrative record and discovery responses. Respondent’s
    attorney states that he has just returned from a family leave of absence, and requests an extension
    of time until April 1, 2005, to file the record and discovery responses. Petitioner does not plan
    to file a response to the motion, but generally objects to respondent’s delays in resolving this
    matter.
     
    Additionally, on March 23, 2005, petitioner filed a motion for default judgment, or in the
    alternative, to prohibit the introduction of evidence. Respondent’s response is due April 6, 2005.
    Petitioner further plans to file a motion for summary judgment within the next several days as an
    alternative to the motion filed on March 23, 2005.
     
    Respondent’s motion is granted. The hearing scheduled for April 6, 2005, is cancelled,
    and the administrative record and discovery responses are due by April 1, 2005. Postponing the
    hearing will give petitioner time to review the record and discovery responses, and will give the
    Board an opportunity to rule on petitioner’s motions. The case will be set for hearing, if
    necessary, after the Board rules on the motions.
     
    The parties are directed to participate in a telephone status conference with the hearing
    officer at 10:00 a.m. on April 22, 2005. The status conference shall be initiated by the petitioner.
     
    Petitioner filed an open waiver of the decision deadline in this matter.
     
     
      
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    IT IS SO ORDERED.
     
    _____________________
    Carol Webb
    Hearing Officer
    Illinois Pollution Control Board
    1021 North Grand Avenue East
    P.O. Box 19274
    Springfield, Illinois 62794-9274
    217/524-8509
    webbc@ipcb.state.il.us
     

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