ILLINOIS POLLUTION CONTROL BOARD
    September 6, 2001
     
    NELSON WESTERBERG, INC.
     
    Petitioner,
     
    v.
     
    OFFICE OF THE STATE FIRE MARSHAL,
     
    Respondent.
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    PCB 01-140
    (UST - Appeal)
     
     
     
     
    ORDER OF THE BOARD (by S.T. Lawton, Jr.):
     
    On April 9, 2001, Nelson Westerberg, Inc. (Westerberg) filed a petition for review,
    alleging that the Office of the State Fire Marshal (OSFM), in its March 6, 2001 letter, wrongfully
    denied it eligibility for reimbursement of corrective action costs under the Underground Storage
    Tank (UST) Fund. Westerberg alleged that it should be reimbursed for remediating petroleum
    contamination that was caused in part by leaking underground storage tanks on its property in
    Elk Grove Village, Cook County, Illinois.
     
    Westerberg filed a motion for summary judgement on July 16, 2001. OSFM filed a
    response and cross-motion for summary judgement on August 3, 2001. Westerberg filed a
    response to the cross-motion and a reply on August 17, 2001. The OSFM filed a reply to the
    response by Westerberg on August 27, 2001.
     
    The OSFM, in a March 6, 2001 denial letter, found that Westerberg was ineligible for
    reimbursement of corrective action costs under the UST Fund for the following reasons:
     
    Tank 3 4,000 gallon Gasoline – Not in operation at any time since 1/1/74 – (430
    ILCS 5/57.9); Removed prior to September 24, 1987 – (430 ILCS 15/4)
    Tank 4, 4,000 gallon Diesel - Not in operation at any time since 1/1/74 – (430
    ILCS 5/57.9); Removed prior to September 24, 1987 – (430 ILCS 15/4). R. at 74.
     
    The Board recognizes that it cannot review the OSFM’s UST registration decisions.
    Divane Bros. Electric Co. v. IEPA, PCB 93-105, slip op. at 5-6 (Nov. 4, 1993); Farrales v.
    OSFM, PCB 97-186, slip op. at 4 (Oct. 16, 1997). “Registration decisions constitute separate,
    appealable determinations made by the OSFM which can be challenged in circuit court.” Kean
    Oil Co. v. IEPA, PCB 92-60, slip. op. at 6 (Sept. 5, 1996). The OSFM alleges as an undisputed
    fact that Westerberg registered tanks 3 and 4 with the OSFM on March 25, 1986. Cross Mot. at
    3.
     
    The Board directs the OSFM to explain, within 14 days after the date of this order, why
    the two reasons articulated in its March 6, 2001 denial letter are proper bases for denying
     
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    eligibility. Westerberg may file a response within 14 days after service of the OSFM’s filing.
    The Board presently reserves ruling on the pending motions for summary judgment.
     
    IT IS SO ORDERED.
     
    Board Members G.T. Girard and T.E. Johnson dissented.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on September 6, 2001, by a vote of 5-2.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     
      

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