ILLINOIS POLLUTION CONTROL BOARD
    February 16, 2006
     
    ENVIRONMENTAL PROTECTION
    INDUSTRIES, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 06-135
    (UST Appeal)
     
      
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On February 6, 2006, Environmental Protection Industries, Inc. (EPI) filed a petition
    asking the Board to review a December 29, 2005 determination of the Illinois Environmental
    Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2004); 35 Ill. Adm. Code 105.404. At
    issue, is the Agency’s approval of EPI’s amended high priority corrective action plan with
    modifications for EPI’s facility located at 701 Roosevelt Road, DuPage County.
     
    The Board finds that EPI’s petition is deficient. Section 105.408 of the Board's
    procedural rules provide that a petition to appeal an Agency decision concerning a leaking
    underground storage tank must contain,
    inter alia
    , a statement specifying the date of service of
    the Agency’s final decision and a statement specifying the grounds of appeal.
    See
    35 Ill. Adm.
    Code 105.408. EPI’s petition merely notifies the Agency of its intention to appeal the
    December 29, 2005 determination, and does not contain any specific grounds of appeal. Further,
    the petition does not provide the date of service of the Agency’s decision.
     
    The Board reserves ruling on the acceptance of the petition for review. EPI is hereby
    given 30 days to correct these deficiencies, and must file an amended petition on or before
    March 20, 2006. If EPI corrects the deficiencies and provides a statement specifying the date of
    service showing that the February 6, 2006 petition to review was timely filed pursuant to 35 Ill.
    Adm. Code 105.404, the Board will accept the matter. If an amended petition correcting the
    deficiencies is not timely filed, this petition will be dismissed. The filing of an amended petition
    will restart the Board’s decision deadline.
    See
    35 Ill. Adm. Code 105.114(b).
     
    IT IS SO ORDERED.
     
    Board Member N.J. Melas abstained.
     
     
      
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 16, 2006, by a vote of 3-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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