ILLINOIS POLLUTION CONTROL BOARD
    January
    6,
    1994
    WEST
    AURORA
    SCHOOL
    )
    DISTRICT
    129,
    )
    )
    Petitioner,
    )
    PCB 94-3
    v.
    )
    (UST
    FUND)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by G.
    T. Girard):
    On January 4,
    1994, the Board received a letter dated
    December
    16, 1993 which appears to seek an appeal of an Agency
    determination regarding reimbursement for an underground storage
    tank removal.
    Attached to the letter is an invoice voucher dated
    October 25,
    1993 and date stamped as received on November
    5,
    1993.
    Also attached is a letter dated December 13,
    1993 to the
    Agency indicating that the petitioner wishes to appeal the Agency
    decision.
    Section 22.18b(g)
    of the Act (Environmental Protection Act
    415
    ILCS 5/22.18b)’ provides that a owner or operator may
    petition the Board for review pursuant to Section 40 of the Act.
    Section 40 of the Act provides that a petition may be filed
    within
    35 days of the Agency’s action.
    Although the Board has
    cases currently on review questioning whether
    the receipt of the
    voucher is the date by which the appeal time should begin to run,
    in this case the Board need not examine that issue.
    In this case
    even if receipt of the voucher were to start the time clock for
    appeal this
    appeal has been filed outside of the 35 days.
    Even
    the letter addressed to the Agency requesting an appeal was dated
    38 days after receipt of the voucher.
    Therefore this appeal
    is
    not timely filed and the petition is hereby dismissed.
    The Board notes that
    P.
    A.
    88-496 repealed Section 22.18b
    of the Act.
    The provision is now located at Section 57.8(i)
    of the
    Act.
    2
    IT IS SO ORDERED.
    I,
    Dorothy N.
    Gunn, Clerk of the Illinois Pollution Control
    Boa~d,dohereby ce
    ~fy that the above order was adopted~nthe
    ___________
    day of
    ~-~-i~-~-.-
    ,
    1994, by a vote of
    7~-~
    /
    .7
    ~
    ~
    ~.-~DorothyM.
    Gu)in, Clerk
    Illinois Pox7ution Control Board

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