I LII
    NOl S
    POLLUTI
    ON
    CONTROL
    UOI\RI)
    Auqust
    ?(
    ,
    1 9913
    STO—JO
    301
    NT
    V
    LN’I UlUl,
    ~i
    Ii
    I
    I flO
    is
    Corpor~t
    ion,
    Pet
    it
    I oner,
    v.
    PCB
    9S3—1~1U
    (UST
    Fund)
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by
    G.
    T.
    Girard)
    This matter
    is before the Board on an August
    9,
    1993,
    petition for review of the respondent’s determination that
    petitioners’ claim for reimbursement from the Underground Storage
    Tank Fund
    (415 ILCS 5/22.186)
    is subject to a deductible.
    By the instant petition,
    petitioners contend that respondent
    incorrectly imposed a $100,000 deductible and allege that the
    decision is contrary to the applicable law.
    In Ideal Heating
    v.
    IEPA
    (January 23,
    1992),
    PCB 91—253,
    the Board held that Agency
    UST decisions are ripe for Board review only where:
    (1) the
    Agency has denied eligibility or;
    (2) the Agency found the
    applicant eligible and has also reached both the issue of the
    proper deductible and the reasonableness of costs.
    (See also,
    Village of Lincolnwood v.
    IEPA
    (June
    4,
    1992,),
    PCB 91—83.)
    On July
    6,
    1993,
    the Agency determined that petitioners’
    claim is subject to a $100,000 deductible.
    The Agency’s
    September
    8 letter establishes that
    it has not yet reached
    a
    determination as to which costs are reimbursable.
    Therefore,
    pursuant to Ideal Heating,
    the Agency’s decision is not ripe for
    Board review and the instant appeal
    is dismissed as premature.
    IT
    IS SO ORDERED
    Section 41 of the Environmental Protection Act
    (Ill.
    Rev.
    Stat.
    1991,
    ch.
    111
    1/2,
    par.
    1041)
    provides for the appeal
    of
    final Board orders within
    35 days.
    The Rules
    of the Supreme
    Court
    of Illinois establish filing requirements.
    (See also,
    35
    Ill.
    Adm.
    Code 101.246, Motions for Reconsideration.)

    2
    I,
    Dorothy
    N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby
    certify
    that
    the
    ~bove
    order
    was
    adopted
    on the
    ___________________
    day
    of
    //‘t~
    /•
    ,
    1993,
    by
    a
    vote
    of
    ,‘
    ~
    ~1
    Dorothy M. G~nn, Clerk
    Illinois Pol4ution Control Board

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