ILLINOIS POLLUTION CONTROL BOARD
    February 1,
    1996
    CONSOLIDATED DISTILLED
    )
    PRODUCTS, INC.,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 96-39
    )
    (LIST Fund)
    OFFICE OF THE STATE FIRE
    )
    MARSHAL,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by J. Yi):
    This maiter is before thcBoard on a petition for review filed by Consolidated Distilled
    Products, Inc.
    (Consolidated) on August
    14,
    1995.
    Consolidated is appealing a July
    10,
    1995
    final determination ofthe Office ofState Fire Marshal (OSFM) concerning Consolidated’s
    eligibilityto access the Underground Storage Tank Fund.
    On August 24.
    1995 the Board
    accepted this matter for hearing.
    On October 31,
    1995, OSFM filed a general appearancebefore theBoard.
    OnNovember
    6,
    1995, OSFM filed a motion
    to dismiss
    Consolidated’s petition for review for lack ofjurisdiction
    and insufficiency ofthe pleadings.
    OSFM stated that it was never served by Consolidated as
    requiredby the Board’s procedural rules at 35
    Ill. Adm. Code
    107.123.
    Citing to Mr.
    “C” Food &
    Liquor v.
    Office ofthe State Fire Marshal, PCB 94-387, (January 11,
    1995), OSFM requested the
    Board to
    dismiss the action due to Consolidated’s failure to serve OSFM the petition.’
    Additionally, OSFM argues that the petition is insufficient pursuant to the Board’s procedural
    rules at 35 Ill. Adm.
    Code 107. 122.
    In ourorder ofDecember 7,
    1995 we denied the OSFM’s motion to dismiss
    and directed
    Consolidated to file an amended petition curing suchdeficiencies on or before January
    5,
    1996.
    Consolidated was also directed to serve the amended petition on OSFM pursuant to 35 Ill.
    Adm.
    Code 107.123.
    The Board also stated that ifConsolidated failed to timely file an amended
    petition or any other appropriate motion, this matter will be subject to dismissal.
    As ofthe date ofthis order Consolidated has not filed an amended petition or any other
    motion.
    Therefore, pursuant to our previous order, we dismiss the petition and close this docket.
    IT IS SO ORDERED.
    ‘In Mr.
    “C” Food & Liquorthe Board found that the petition was insufficient as filed and that the
    petition contained no evidence that the OSFM has been served with notice ofthe petition’s filing
    as
    is
    required
    by
    Section
    107.123.
    The Board
    directed
    petitioner to
    file
    an
    amended
    petition
    curing the petition deficiencies but did not
    dismiss the petition.
    Unlike here, in Mr.
    “C”
    Food &
    Liquorthe OSFM did not file a motion to dismiss for theinadequacies ofthe petition.
    2
    Section 41
    oftheEnvironmental Protection Act (415 JLCS 5/40.1) provides for the appeal
    offinal Board orders
    within
    35
    days ofservice ofthis decision.
    The Rules ofthe
    Supreme Court
    ofillinois establish filing requirements.
    (But see also, 35
    111.
    Adm. Code
    101 .246, Motions for
    Reconsideration.)
    I. DorothyM.
    Gunn, Clerk ofthe Illinois?ollution Control Board,
    hereby certify that the
    above order wasadopted on the~
    day of___________
    ,
    1996, by a vote of
    7t’
    p~C~
    A.J~
    DorothyM.
    Øi,Lnn,
    Clerk
    Illinois Pollutión Control Board

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