ILLINOIS POLLUTION CONTROL BOARD
    October 10, 1991
    CLINTON COUNTY OIL COMPANY,
    )
    INC., HOFFMAN/MEIER’S SHELL
    )
    AND CLARENCE MEIER,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 91—163
    )
    (Underground Storage Tank Fund
    Reimbursement Determination)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by J. C. Marlin):
    This matter is before the Board on the Illinois Environmental
    Protection Agency’s (“Agency”) Notion to Dismiss filed September
    18, 1991. The petitioner Clinton County Oil did not file a
    response.
    The Agency requests the Board to dismiss this case for
    petitioner’s failure to meet the 35 day period allowed for appeal.
    35 Ill. Adm. Code 105.102(a)(2). The Agency’s motion states that
    the letter requesting review of the Agency’s decision was sent to
    the Board and dated August 30, 1991. The Agency’s letter denying
    petitioner access to the fund was dated August 1, 1991 and mailed
    August 5, 1991. The Agency received a copy of the petition on
    September 10, 1991. On that date the Board also received and date-
    stamped the petitioner’s filing requesting review. The Agency
    argues that since the petition was not filed within 35 days
    following the date of the mailing of the Agency’s final decision,
    the petition is untimely. The Agency argues that the period for
    appeal expired September 9, 1991.
    The Agency is correct that 35 days from the date of mailing
    of the Agency’s final decision is September 9, 1991, one day after
    the petition was date-stamped. However, according to the Board’s
    procedural rules, the time of filing of documents will be the date
    on which they are date-stamped by the Clerk, unless date-stamped
    after any due date. If received after any due date, the time of
    mailing shall be the time of filing. 35 Ill. Mm. Code 101.102(d).
    Because the petition was date-stamped on September 10, 1991, it
    could have been mailed no earlier than September 9, 1991. As
    September 9, 1991 is within 35 days of the mailing of the Agency’s
    decision, the petition is timely. Therefore, the motion is denied.
    IT IS SO ORDERED.
    126—493
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board hereby certify th~tthe above Order was adopted on the
    ______
    day of ____________________________, 1991 by a vote of
    Dorothy M.,,junn, Cle~rk
    Illinois ~1lution Control Board
    126—494

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