ILLINOIS POLLUTION CONTROL BOARD
    September 21, 2000
    GILBERTS CITGO L.L.C, an Illinois corporation,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
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    PCB 01-50
    (Water Well Setback Exception)
    ORDER OF THE BOARD (by C.A. Manning):
    On September 8, 2000, Gilberts Citgo L.L.C. (Gilberts), filed a petition for a water well setback exception
    relating to installation of underground storage tanks (USTs) at a site located at the southeast corner of Route 72 and
    Center Road in Gilberts, Kane County, Illinois.
    The petition states that, pursuant to Section 14.2(c) of the Environmental Protection Act (Act) (415 ILCS
    5/14.2(c) (1998)), on March 15, 2000, Gilberts attempted to obtain the consent of Marcia Caporaso (Caporaso), the
    affected well owner. No consent was given. Pet. at 5. On May 25, 2000, the Illinois Environmental Protection
    Agency (Agency) issued a concurrence letter approving the location of the USTs within the water well setback zone.
    The petitioner is ordered, by October 5, 2000, to file an updated petition. The updated petition must name
    the affected well owner as a party respondent. While the Board’s procedural rules regarding the filing of water well
    setback petitions do not specifically so require, the Board believes that it is appropriate to join the affected well
    owners as party respondents pursuant to 35 Ill. Adm. Code 103.121 and 103.141, as persons who have “an interest
    which the [Board’s] order may affect.” 35 Ill. Adm. Code 103.121(c) and 103.141; see State Oil Company v. Dr. and
    Mrs. James Krone and IEPA (May 24, 1999), PCB 90-102; KRKH, Inc. v. IEPA (September 9, 1999), PCB 00-25. The
    updated petition shall also include any new facts or legal issues that have arisen so that the Board can properly
    review the sufficiency of the petition and make a determination whether this matter should be accepted for hearing.
    IT IS SO ORDERED.
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above order was
    adopted on the 21st day of September 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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