ILLINOIS POLLUTION CONTROL BOARD
    March
    3, 1994
    5566 BUILDING PARTNERSHIP and
    )
    BOX FORM,
    INC.,
    )
    )
    Petitioners,
    )
    V.
    )
    PCB 93—29
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by C.A. Manning):
    This matter
    is before the Board pursuant to
    a petition for
    review of an Illinois Environmental Protection Agency
    (“Agency”)
    underground
    storage
    tank
    eligibility
    determination
    filed
    on
    February 16,
    1993 by 5566 Building Partnership and Box Form,
    Inc.
    The petition challenges the Agency’s final determination of
    January
    14,
    1993
    as
    to
    the
    petitioners’
    site
    located
    at
    5440
    North
    Northwest Highway,
    Chicago,
    Cook
    County,
    Illinois.
    Though
    the
    Agency made two determinations
    in
    its January 14th
    letter,
    one
    denying eligibility to seek corrective action costs associated with
    a 1,000 gallon gasoline UST and a 2,000 gallon heating oil because
    they were both out of service in 1976, were not registered, and no
    registration fees were paid and, the second, applying a deductible
    of $100,000 to three eligible USTs
    (2,000 gallon gasoline,
    3,000
    gallon heating oil and 1,000 gallon heating oil
    UST),
    the petition
    only seeks reversal of the Agency’s eligibility determination to
    access the UST Fund.
    We accepted this case for hearing on February 25,
    1993 and on
    May 27,
    1993,
    Petitioners filed an open waiver of the statutory
    decision
    deadline.
    Since
    our
    order
    of
    February
    25,
    1993,
    no
    substantive action has taken place
    in this
    case.
    Thereform,
    on
    December
    16,
    1993,
    and
    then
    again
    on
    February
    3,
    1994
    after
    receiving no response, we directed the Petitioners to file a status
    report indicating the status of any on-going negotiations, whether
    the parties anticipate reaching settlement in this matter, and if
    possible,
    a projected timeline for completion of settlement.
    In
    our February 3,
    1994 order we indicated that if no status report is
    filed,
    this
    case
    would
    be
    subject
    to
    dismissal
    for
    want
    of
    prosecution.
    On February 24, 1994, Petitioners filed a status report which
    states in its entirety:
    1.
    On
    February
    16,
    1993,
    Petitioner
    filed
    a
    Petition
    for
    Review
    of
    the
    Illinois
    Environmental
    2
    Protection
    Agency’s
    decision
    to
    deny
    eligibility
    to
    receive money from the Underground Storage Tank Fund for
    a 1,000 gallon gasoline tank and a 2,000 gallon heating
    oil tank.
    The Agency’s decision was announced in its
    letter of January 14, 1993,
    a copy of which was attached
    as Exhibit
    6 to the Petition.
    2.
    on May 3,
    1993, the Agency apparently reversed
    its decision by letter of the same date.
    A copy of the
    May 3,
    1993 letter
    is attached hereto as Exhibit
    1.
    The status report filed by the petitioners is not responsive
    to our order.
    It neither indicates the status of this case,
    nor
    apprises the Board as to whether the parties are negotiating, or
    whether they intend upon proceeding to hearing on the eligibility
    issue referenced in their petition.
    Moreover, from our review of
    Exhibit
    1,
    it appears the Agency has not,
    in fact,
    reversed its
    decision on denying eligibility.
    The Agency’s May 3, 1993 letter
    provides
    the Agency
    reversed
    its
    “deductibility”
    determination
    solely which resulted in a downward adjustment
    of the $100,000
    deductible to $15,000.
    The May 3rd letter does not mention the
    Agency’s
    January
    14th
    final
    eligibility
    determination
    denying
    eligibility
    to access the UST Fund as to the three UST5
    (2,000
    gallon gasoline, 3,000 gallon heating oil and 1,000 gallon heating
    oil UST).
    Accordingly, because the status report was unresponsive,
    we
    order that the petitioners show cause why an order dismissing this
    case should not be entered for lack of prosecution.
    Petitioners’
    response should
    be
    filed with the Board on or before
    Thursday,
    March 24,
    1994.
    IT IS SO ORDERED.
    I, Dorothy
    14.
    Gunn,
    Clerk of the Illinois Pollution Control
    Bo~~ hereby
    certify that the above
    order was
    adopted on the
    _____
    day of ~7ia~-t~c4--’
    ,
    1994, by a vote of
    ~
    Dorothy M. pi~hn,Clerk
    Illinois Po~(utionControl Board

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