ILLINOIS POLLUTION CONTROL BOARD
May 5, 1994
ROBERT SCHWAKE
)
STONE COMPANY, Inc.,
)
)
Petitioner,
)
v.
)
PCB 94—137
)
(UST Fund)
ENVIRONMENTAL PROTECTION
)
AGENCY,
)
Respondent.
ORDER OF THE BOARD:
On April 26, 1994, Robert Schwake Stone Company, Inc. filed
a petition for review of an Illinois Environmental Protection
Agency (“Agency”) final reimbursement determination from the
Underground Storage Tank Fund. The Agency issued a final
reimbursement decision on March 17, 1994 accompanied by
Attachment A which contains the stated reasons for deductions.
The final determination concerns Robert Schwake Stone Company’s
site located at 300 South Western Avenue, Des Plaines, Cook
County, Illinois.
The petition is deficient for failure to provide proof of
service on the Agency. The Petitioner asserts that they served
the Agency, but has not provided the Board with the required
proof of the service. If an amended petition curing this
deficiency is not filed within 14 days of the date of this order,
this matter will be subject to dismissal. The filing of an
amended petition will restart the Board’s decision tiineclock,
although the Board will look to the petitions’ original filing
dates in making any determination as to the timeliness of the
filing of the appeal pursuant to Section 40.1.
IT IS SO ORDERED.
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Bpard, hereby certJ~fythat the above order was adopted on the
~-~--
day of
________________,
1994, by a vote of
c~,~
Dorothy N. G~$~’n,Clerk
Illinois PolQjAtion Control Board