ILLINOIS POLLUTION CONTROL BOARD
    October 1, 1992
    JOSEPH and PATRICIA SLANPAX,
    )
    )
    Petitioners,
    )
    V.
    )
    PCB 92—139
    )
    (Underground Storage
    ILLINOIS ENVIRONNENTAL
    )
    Tank Reimbursement)
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by N. Nardulli):
    This matter is before the Board on a September 29, 1992
    petition for review of the respondent’s determination that
    petitioners’ claim for reimbursement from the Underground. Storage
    Tank Fund (Ill. Rev. Stat. 1991, ch. 111 1/2, par. 102218b) is
    subject to a $100,000 deductible.
    By the instant petition, petitioners contend that respondent
    incorrectly imposed a $100,000 deductible and allege that a
    $15,000 deductible proper. In Ideal Heating v. IEPA (January 23,
    1992), PCB 91-253, the Board held that Agency UST decisions are
    ripe for Board review only where: (1) the Agency has denied
    eligibility or; (2) the Agency found the applicant eligible and
    has also reached both the issue of the proper deductible and the
    reasonableness of costs. (See also, Village of Lincoinwood v.
    IEPA (June 4, 1992), PCB 91—83.)
    On August 20, 1992, the Agency determined that petitioners’
    claim is subject to a $100,000 deductible. On September 3, 1992
    the Agency notified peitioners that they are eligible for joint
    payment in excess of $100,000. The September 3 letter also
    states that “p)ursuant to Ill. Rev. Stat. 1989, ch. 111 sic)
    Sec. 22.18 b(d) (4)
    (C)
    you are required to provide an accounting
    of all corrective action costs and demonstrate that the costs are
    reasonable.” Therefore, the Agency will not accept billings from
    your contractors until you have reviewed them
    ~
    stated ~
    writing that to the best of your knowledge the costs and fees in
    the billings are reasonable.” The Agency’s September 3 letter
    establishes that it has not yet reached a determination as to
    which costs are reimbursable. Therefore, pursuant to Ideal
    Heating, the Agency’s decision is not ripe for Board review and
    the instant appeal must be dismissed as premature.
    IT IS SO ORDERED.
    01 36-0253
    2
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    dayBoardofhereby~
    ________________,
    ce y that1992the
    byabovea voteorderofwas7
    adopted on the
    /~
    Dorothy M.,.~Zmnn, Clef~k
    Illinois P~,IlutionControl Board
    0136-02514

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