ILLINOIS POLLUTION CONTROL BOARD
    April. 16,
    1992
    RUSSELL L. BACON,
    )
    Petitioner,
    v.
    )
    PCB 92—1
    (Underground Storage
    ILLINOIS
    ENVIRONMENTAL
    )
    Tank Reimbursement)
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by M. Nardulli):
    This matter is before the Board on its own motion to
    reconsider its order of March 26,
    1992 which vacated the Board’s
    order of March 12, 1992.
    For the following reasons, the Board
    vacates its order of March 26,
    1992 and reinstates its order of
    March 12,
    1992.
    The Board’s March 12,
    1992 order dismissed
    Russell L. Bacon’s (Bacon) January
    2,
    1992 petition for review of
    the Illinois Environmental Protection Agency’s (Agency) decision
    applying a $50,000.deductible to Bacon’s claim for reimbursement
    from the Underground Storage Tank
    (UST)
    Fund.
    In Ideal Heating Co.
    v. IEPA (January 23,
    1992),
    PCB 92-1,
    the Board determined that only those Agency UST decisions finding
    an applicant ineligible to access the Fund or reaching a complete
    determination on reimbursement of corrective action costs were
    ripe for Board review.
    Hence, an Agency determination imposing
    a
    deductible alone is not ripe for Board review.
    In entering its order of March 26,
    1992, the Board
    mistakenly failed to adhere to the procedure adopted in Ideal
    Heating.
    Therefore,
    pursuant to Ideal Heating the Board vacates
    its order of March 26,
    1992 and reinstates its prior order of
    March 12,
    1992 dismissing Bacon’s petition for review and
    remanding this matter to the Agency for a final determination.’
    Also consistent with Ideal Heating, Bacon may file a new petition
    for review when the Agency’s UST decision becomes final.
    However, to avoid undue prejudice,
    the Board waives the $75
    filing fee since this fee was paid with the instant petition for
    review.
    IT IS SO ORDERED.
    The Board notes that Bacon previously stipulated to the
    Agency’s motion to dismiss based on Ideal Heating.
    133—113
    2
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    /4zZ
    day of
    ______________
    ,
    1992 by a vote of
    ~
    D6rotI~yMijGunn, Clerk
    Illinois ~‘ollutionControl Board
    133—114

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