ILLINOIS POLLUTION CONTROL BOARD
    October 16,
    1992
    SUPERANERICA GROUP,
    INC.,
    Petitioner,
    )
    v.
    )
    PCB 92—151
    (Underground Storage
    ILLINOIS ENVIRON~ENTAL
    )
    Tank
    Reimbursement)
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by N. Nardulli):
    This matter is before the Board on an October 13,
    1992
    petition for review of the respondent’s determination that
    petitioners’ claim for reimbursement from the Underground Storage
    Tank Fund
    (Ill. Rev.
    Stat.
    1991,
    ch.
    111 1/2, par. 1022.18b)
    is
    subject to a $50,000 deductible.
    By the instant petition, petitioners contend that respondent
    incorrectly imposed a $50,000 deductible and allege that a
    $10,000 deductible is proper.
    In Ideal Heating v. IEPA (January
    23,
    1992),
    PCB 91-253, the Board held that Agency UST decisions
    are ripe for Board review only where:
    (1) the Agency has denied
    eligibility or;
    (2) the Agency found the applicant eligible and
    has also reached both the issue of the proper deductible and the
    reasonableness of costs.
    (See also, Village of Lincoinwood v.
    IEPA (June
    4,
    1992), PCB 91—83.)
    On September 8,
    1992, the Agency determined that
    petitioners’ claim is subject to a $50,000 deductible.
    The
    Agency’s September
    8 letter establishes that it has not yet
    reached a determination as to which costs are reimbursable.
    Therefore, pursuant to Ideal Heating, the Agency’s decision is
    not ripe for Board review and the instant appeal must be
    dismissed as premature.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act
    (Ill. Rev.
    Stat.
    1991,
    ch.
    111 1/2,
    par. 1041) provides for the appeal of
    final Board orders within 35 days.
    The Rules of the Supreme
    Court of Illinois establish filing requirements.
    (But see also,
    35 Ill. Adm. Code 101.246, Motions for Reconsideration,
    and
    Casteneda v.
    Illinois Human Rights Commission
    (1989),
    132 Ill. 2d
    304,
    547 N.E.2d 437.)
    0
    36-01423
    2
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board here~y
    rtify
    that the above order was adopted on the
    ~
    day of
    ~
    ,
    1992 by a vote of
    7
    -
    °
    ?~
    Dorothy M. G~a1~,Clerk
    /
    Illinois PolLl~itionControl Board
    01 36-0Le2L~

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