ILLINOIS POLLUTION CONTROL BOARD
    December 16, 1993
    CITY OF ELGIN,
    )
    an Illinois municipal corporation,
    )
    Petitioner,
    v.
    )
    PCB 93—246
    )
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by N. Nardulli):
    This matter is before the Board on a December 1, 1993
    petition for review, filed by petitioner City of Elgin (Elgin).
    Elgin seeks review of the Illinois Environmental Protection
    Agency’s (Agency) decision denying petitioner’s request for
    reimbursement of certain costs from the Underground Storage Tank
    Fund. On December 2, 1993, the Board directed Elgin to file an
    amended petition providing the Board with additional information
    and proof that the Agency had been served. On December 15, 1993,
    Elgin filed an amended petition, including a copy of the Agency’s
    correspondence and voucher, along with proof of service.
    Based upon the newly received information, the Board
    questions whether this appeal is timely. The Agency’s voucher is
    dated both “October 12, 1993” and “October 18, 1993”. In the
    amended petition, Elgin states that the Agency issued its voucher
    on October 27, 1993. We note that the Comptroller’s check is
    dated October 27, 1993. Furthermore, the Agency’s correspondence
    states that an appeal may be brought within “35 calendar days
    from the date the Comptroller mails the accompanying check to
    file a petition for a hearing with the Board”, and cites Section
    105.102(a) (2) of the Board’s procedural rules. However, that
    section provides that an appeal shall be filed “within 35 days of
    the date of mailing of the Agency’s final decision.” (35 Ill.
    Adm. Code 105.l02(a)(2).) Petitionershall address the issue of
    whether this appeal is timely pursuant to the Environmental
    Protection Act and the Board’s rules. The Agency is also
    directed to address that issue.
    Petitioner shall provide its response within 45 days of the
    date of this order. Failure to do so will subject this petition
    to dismissal. Petitioner’s response will be construed as an
    amended petition, and the decision deadline will be calculated
    from the date of filing of that amended petition. The Agency’s
    response to the issue of timeliness is due within 7 days of
    receipt of petitioner’s filing.
    2
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certfy that the above order was adopted on the
    /~~7 day of
    ________________,
    1993, by a vote of
    7~)
    ~Dorothy N. G)2)4n, Clerk
    Illinois Po~(utionControl Board

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