ILLINOIS POLLUTION CONTROL BOARD
    March 14,
    1991
    ALTON COMMUNITY UNIT SCHOOL
    )
    DISTRICT
    #2-1,
    )
    Petitioner,
    v.
    )
    PCB 91-1
    )
    (Underground Storage Tank
    ILLINOIS ENVIRONMENTAL
    )
    Reimbursement)
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by N. Nardulli):
    This
    matter
    comes
    before
    the
    Board
    on
    a
    motion
    for
    reconsideration filed March
    5,
    1991 by petitioner Alton Community
    Unit School District #11
    (Alton).1
    By the instant motion, Alton
    asks that the Board reconsider its decision of February
    7,
    1991
    finding that the Illinois Environmental Protection Agency (Agency)
    correctly determined that Alton’s
    application
    for reimbursement
    from the Underground Storage Tank Fund (Fund) for corrective action
    costs
    is subject
    to
    a $100,000 deductible rather than a $10,000
    and granting the Agency’s motion for summary judgment.
    Upon reconsideration,
    the Board finds that Alton has failed
    to raise any arguments which would alter the Board’s determination
    that no genuine issues of material fact exist and that, as a matter
    of law, Section 22.l8b(d) (3) (B)
    (i)
    of the Environmental Protection
    Act
    subjects
    Alton
    to
    a
    $100,000
    deductible
    because
    Alton
    registered its tanks after July 28,
    1989.
    (Ill. Rev.
    Stat.
    1989,
    ch.
    111
    1/2,
    par.
    l022.18b(d) (3) (B)
    (I).)
    Therefore,
    the relief
    requested by Alton is denied.
    IT IS SO ORDERED.
    J.D.Dumelle abstains.
    Section
    41
    of the Environmental
    Protection Act
    (Ill.
    Rev.
    Stat.
    1989,
    ch
    111 1/2,
    par.
    1041)
    provides
    for appeal of final
    1
    Because
    the
    Board
    denies
    Alton’s
    motion
    for
    reconsideration,
    no prejudice will result from failing
    to wait to rule on this motion prior to the expiration
    of
    the
    Agency’s
    response
    time.
    35
    Ill.
    Adm.
    Code
    101.241(b).
    120—67
    2
    Board
    Orders
    within
    35
    days.
    Rules
    of
    the
    Supreme
    Court
    of
    Illinois establish filing requirements.
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certifies that the above Order was ad9pted on the
    /~~dayof
    ),~i~t~/J
    ,
    l99lbyavoteof
    ~O
    Control Board
    120—68

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