ILLINOIS POLLUTION CONTROL BOARD
    September 26,
    1991
    INDIAN REFINING
    LIMITED PARTNERSHIP,
    Petitioner,
    v.
    )
    PCB 91—110
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by M. Nardulli):
    This matter is before the Board on th~August 29,
    1991 filing
    of petitioner’s motion for reconsideration.
    Petitioner asks that
    the Board reconsider and reverse its July 25, 1991 order dismissing
    petitioner’s permit appeal petition as untimely filed pursuant to
    35
    Ill. Adm.
    Code 105.102(a) (2).
    In its motion, petitioner asserts that the Board should apply
    the “mailed
    is
    filed” rule
    (35 Ill.
    Adm.
    Code 101.102(d))
    to the
    instant filing
    or,
    in the alternative,
    waive
    its procedural rule
    which provides that all documents received after 4:30 p.m. will be
    deemed
    filed the following day
    (35 Ill.
    Adm.
    Code 101.102(a)
    and
    (b)).
    Petitioner correctly states that the “mailed is filed” rule
    was
    adopted
    to
    avoid
    prejudice
    to
    persons
    not
    located
    in
    the
    Chicago area.
    (In the Matter of: Procedural Rules Revision 35 Ill.
    Adm.
    Code
    101,
    106
    (Subpart
    G)
    and
    107,
    R88-5(A)
    at
    5
    (June
    5,
    1989).)
    The
    Board
    noted
    in
    its
    dismissal
    order
    that,
    had
    petitioner
    mailed
    its
    petition
    on
    the
    day
    it
    attempted
    to
    personally
    file
    it,
    the petition would be
    deemed
    timely
    filed.
    Petitioner does not allege that
    it was in any way prevented from
    mailing
    its petition.
    While the Board recognizes that petitioner
    could have
    availed itself of the “mailed
    is
    filed” rule,
    it
    did
    not,
    and the Board will not strain to
    extend the application of
    this rule to the instant case.
    Relying on Browning-Ferris Industries of Iowa v.
    IEPA, PCB 83-
    85 (September 8, 1983), petitioner states that the Board has in the
    past waived
    its procedural
    rules.
    In Browning—Ferristhe
    Board
    waived the procedural rule requiring the Agency to file its permit
    record within a certain time
    (35 Ill. Adm. Code 105.102(a) (4))
    and
    denied
    Browning-Ferris’
    motion to
    dismiss
    its permit
    appeal
    and
    enter judgment in its favor.
    However, unlike the timely filing of
    a permit
    appeal petition, the Agency’s filing of the record does
    not confer jurisdiction upon the Board.
    While the Board may waive
    its procedural rules regarding the filing of the Agency record and
    may allow parties to file briefs after the time set by the hearing
    126—315
    2
    officer, the Board cannot waive the filing date for petitions which
    confer jurisdiction upon the Board.
    The Board has reconsidered its July 25,
    1991 order dismissing
    petitioner’s permit appeal and affirms that dismissal.
    Section
    41
    of the Environmental Protection
    Act
    (Ill.
    Rev.
    Stat.
    1989,
    ch.
    111 1/2,
    par.
    1041)
    provides for appeal of final
    orders of the Board within 35 days.
    The rules of the Supreme Court
    of Illinois establish filing requirements.
    IT IS SO ORDERED.
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certity t,hat the above Order was adopted on the
    c~?~C/~day of
    4~?~j
    ,
    1991 by a vote of
    7O
    ~
    ~/7.
    ~
    Dorothy N. G9~n, Clerk
    Illinois Pok1~(utionControl Board
    126—316

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