ILLINOIS POLLUTION CONTROL BOARD

March 17, 1994

H.CST.K. INC.,

)

Petitioner,

)

v.

)

PCB 94—82

(UST Fund)

ILLINOIS ENVIRONMENTAL,

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD (by J. Theodore Meyer):

On March 3, 1994, H.C.T.K. Inc. filed a petition for review

of an Illinois Environmental Protection Agency (Agency) final

underground storage tank (UST) Fund reimbursement decision. In

order for the Board to review an Agency final determination

pursuant to Sections 22.18(b) (g) and 40 of the Environmental

Protection Act (Act), a petition for review must be filed within

thirty-five (35) days of the date of the final determination.

(415 ILCS 5/22.18b(g), 5/40 (1992).) H.C.T.K.’s petition

indicates only that the Agency issued an invoice voucher on

January 14, 1994 accompanied by Attachment A which contains the

stated reasons for deductions. Thus, a question remains whether

this appeal is timely-filed.

H.C.T.K. is directed to amend its petition, within forty-

five (45) days of the date of this order, to include sufficient

information to determine whether this petition is properly before

the Board pursuant to Sections 22.18(b)(g) and 40 of the Act.

Failure to do so will subject this matter to dismissal.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above order was adopted pn the

~

day of

______________,

1994, by a vote of

~

~L.

~)

~orothy M.~nn, Clerk

Illinois P~Zlution Control Board