ILLINOIS POLLUTION CONTROL BOARD
    January 10, 2008
    INTERSTATE OIL, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 08-38
    (NPDES Fee Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On December 17, 2007, Interstate Oil, Inc. (Interstate Oil) filed a petition (Pet.) asking
    the Board to review a final determination of the Illinois Environmental Protection Agency
    (Agency). The determination concerns the Agency’s assessment of fees associated with the
    National Pollutant Discharge Elimination System (NPDES) permit issued for Interstate Oil’s
    facility in Shorewood, Will County.
    See
    415 ILCS 5/5(d), 12.5, 13, 13.3, 40(a)(1) (2006); 35 Ill.
    Adm. Code 105.204(f). Interstate Oil filed the requisite $75 filing fee on December 20, 2007.
    See
    415 ILCS 5/7.5 (2006); 35 Ill. Adm. Code 101.302(e)(3). For the reasons below, the Board
    declines to accept Interstate Oil’s petition for hearing but grants Interstate Oil leave to file an
    amended petition.
    In its petition, Interstate Oil requests a hearing on the Agency’s final determination that
    the company “owes certain fees” totaling $38,750 in connection with NPDES permit No.
    IL0072702. Pet. at 1, 3. The petition asserts that its is “submitted pursuant to 415 ILCS
    5/12.5(b) and 35 Ill. Admin. Code §105.100
    et seq
    .” Pet. at 1. Interstate Oil claims that the
    Agency violated Section 12.5(b) of the Environmental Protection Act (415 ILCS 5/12.5(b)
    (2006)) by failing to give the company proper notice of the NPDES permit fees. Pet. at 1.
    Section 12.5(b) states that the Agency “shall send a fee notice by mail to each existing permittee
    subject to a fee under this Section at his or her address of record.” Pet. at 2, quoting 415 ILCS
    5/12.5(b) (2006). This failure of the Agency to comply with its statutory obligation, according to
    Interstate Oil, harmed the company, which would have otherwise sought to terminate the permit
    and thereby avoid the demanded $38,750 in fees. Pet. at 1, 3-5. Interstate Oil seeks a Board
    ruling that the company is not liable for these charges. Pet. at 1, 5.
    Interstate Oil attaches to its petition an Agency letter of October 24, 2007, stating that
    “[t]his determination of fee amount constitutes final action by the Agency regarding your
    dispute.” Pet., Attachment 4. According to the petition, the Agency on November 20, 2007,
    “granted Petitioner’s request to extend the time available to Petitioner for appeal,” so that
    settlement could be pursued. Pet. at 3. However, continues Interstate Oil, the Agency “issued its
    second ‘final action’ denying Petitioner’s protest on December 12, 2007.”
    Id
    .
    2
    The Board cannot accept Interstate Oil’s petition as filed. Any appeal of a final Agency
    determination must be filed within 35 days after service. The appeal period may be extended
    only by Board order if a joint request for extension is filed with the Board within the original 35-
    day period.
    See
    415 ILCS 5/40(a)(1) (2006); 35 Ill. Adm. Code 105.206(a), (c), 105.208(a). If a
    petition is not timely filed, the Board lacks jurisdiction to hear the appeal.
    See
    ,
    e.g.
    , Illinois
    Ayers Oil Co. v. IEPA, PCB 05-48 (Mar. 17, 2005) (“The Board has consistently held that the
    Board cannot and does not accept petitions for review filed outside the statutory time deadline.”).
    In addition, a petition for review must attach the final Agency determination being appealed and
    state when the determination was served on petitioner.
    See
    35 Ill. Adm. Code 105.210(a), (b).
    Here, the Board did not receive a request from the Agency and Interstate Oil to extend
    the 35-day period for appealing the Agency’s October 24, 2007 final determination.
    Accordingly, any appeal of that determination was due 35 days after Interstate Oil was served
    with the determination. Interstate Oil’s petition, however, does not state when the October 24,
    2007 determination was served on the company. Further, Interstate Oil asserts that the Agency
    issued a “second ‘final action’” on December 12, 2007, but the petition fails to attach that
    determination. The Board directs Interstate Oil to file an amended petition by February 13,
    2008, curing these informational deficiencies. Failure to do so will subject this appeal to
    dismissal.
    See
    35 Ill. Adm. Code 105.108.
    In addition, Interstate Oil’s petition was filed by a Boulder, Colorado attorney without an
    appearance and without any indication that she is licensed and registered to practice law in
    Illinois. By February 13, 2008, counsel for Interstate Oil must file either an appearance
    documenting that she is licensed and registered to practice law in Illinois or an appearance
    accompanied by a motion to appear
    pro hac vice
    .
    See
    35 Ill. Adm. Code 101.400(a).
    The 120-day statutory period for the Board to render a final decision will commence
    upon the filing of the amended petition.
    See
    35 Ill. Adm. Code 105.114(b). The Agency record
    must be filed within 30 days after Interstate Oil files the amended petition.
    See
    35 Ill. Adm.
    Code 105.116, 105.212.
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on January 10, 2008, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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