ILLINOIS POLLUTION CONTROL BOARD
March 26, 1992
RUSSELL L. BACON,
Petitioner,
v.
)
PCB 92—1
)
(Underground Storage
ILLINOIS ENVIRONNENTAL
)
Tank Reimbursement)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD (by G.T. Girard):
On March 11, 1992, the Board entered an order granting the
Illinois Environmental Protection Agency’s motion to dismiss
petitioner’s petition for review of the Agency’s underground
storage tank (UST) decision. Petitioner stipulated to the
Agency’s motion to dismiss based upon Ideal Heating Co. v. IEPA
(January 23, 1992), PCB 91-253. For the following reasons, the
Board on its own motion vacates its dismissal order of March 11,
1992 and reinstates petitioner’s petition for review of the
Agency’s UST Fund reimbursement decision.
The Agency’s motion to dismiss was based upon Ideal Heating
Co. v. IEPA (January 23, 1992), PCB 91-253. The Agency argued
that under Ideal Heating the instant appeal is not ripe and
should be dismissed. In Ideal Heating, the Board ruled that
Agency UST decisions are ripe for Board review when the Agency
has: (1) denied eligibility; or (2) granted eligibility and
completed its deductible and reimbursement determinations.
Consequently, Agency determinations on the deductible amount
alone are no longer appealable. The Board reached this ruling
based upon in part upon the desire to avoid piecemeal appeals.
(Id. at 2.)
However, the Board declines to extend its holding in Ideal
Heating to cases where the Agency has reached a determination on
an applicant’s claim for reimbursement of corrective action
costs, but other claims for the same site are still pending
before the Agency or will be submitted in the future. (See also,
City of Roodhouse v. IEPA (March 26, 1992) PCB 92—31; The Pumper
v. IEPA (March 26, 1992), PCB 91-262.) While the Board has
expressed a desire to avoid piecemeal appeals, the Board finds
this goal has been achieved by the ruling in Ideal Heating.
Because costs of corrective action can be great, it is important
that claims for reimbursement be resolved as quickly as possible,
even though other claims may be pending before the Agency. The
Board will not promote administrative economy at the expense of
environmental cleanup.
13 1—525
Therefore, the Board vacates its prior order dismissing this
case and reinstates the petition for review. The Board notes
that its 120-day decision deadline, is not extended by the prior
order and begins to run from the date the petition was filed.
This matter shall proceed to hearing consistent with this Board’s
January 9. 1992 order.
IT IS SO ORDERED.
I, porothy N. Gunn, Clerk of the Illinois Pollution Control
Board hereby certify that the above order was adopted on the
~
day of
~~-t~LJ
,
1992 by a vote of 7~0
Dorothy M.,4~’unn,
2~.
Cler’k
Illinois P~LlutionControl Board
13 1—526