ILLINOIS POLLUTION CONTROL BOARD
May 23, 1991
PAUL ROSMAN,
Petitioner,
v.
)
PCB 91—80
)
(Underground Storage Tank
Fund Reimbursement Determination)
ILINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD (by J.C. Marlin):
On May 13, 1991, Paul Rosman filed an appeal of an Agency
reimbursement determination. While the Board has not yet enacted
procedural rules specifically applicable to this type of action,
Section l022.l8b(g) of the Act refers to the permit appeal
procedures of Section 40 of the Act. The Board has implemented
Section 40 in Part 105 of its procedural rules. Section
l05.l02(a)(2) specifies the contents of a petition. While all of
these requirements are not logically applicable in these UST
actions, Section l05.102(a)(2)(B) require that a petition include
“a complete description of the facility...including its
location”. This petition does not give any indication as to
where in the state this facility is located; this information is
necessary to the Board for the purposes of hearing officer
assignment and hearing scheduling. The petition also fails to
state the date of the Agency’s determination, which is necessary
to determine the timeliness of this filing.
If an amended petition curing these deficiencies is not
filed within 45 days of the date of this Order, this petition
will be subject to cismissal. The filing of an amended petition
will restart the Board’s timeclock for purposes of its decision
deadline. However, the Board will use the May 13 date for
purpose of determining the timeliness of petitioner’s appeal.
IT IS SO ORDERED.
122—279
—2—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Order was adopted on
the ~~A~day
of
_______________
,
1991, by a vote of
Co.
~
~.
Dorothy M. G34~rn, Clerk
Illinois Po~utibn Control Board
122—280