ILLINOIS POLLUTION CONTROL BOARD
    December 7, 1995
    CONSOLIDATED DISTILLED
    )
    PRODUCTS, INC.,
    )
    )
    Petitioner,
    )
    V.
    )
    PCB 96—39
    (UST Fund)
    OFFICE OF THE STATE FIRE
    )
    MARSHAL,
    )
    Respondent.
    ORDER OF THE BOARD (by J. Ii):
    This matter is before the Board on a petition for review
    filed by Consolidated Distilled Products, Inc. (Consolidated) on
    August 14, 1995. Consolidated is appealing a July 10, 1995 final
    determination of the Office of State Fire Marshal (OSFM)
    concerning Consolidated’s eligibility to access the Underground
    Storage Tank Fund. On August 24, 1995 the Board accepted this
    matter for hearing.
    On October 31, 1995, OSFM filed a general appearance before
    the Board. On November 6, 1995, OSFN filed a motion to dismiss
    Consolidated’s petition for review for lack of jurisdiction and
    insufficiency of the pleadings. OSFM states that it was never
    served by Consolidated as required by the Board’s procedural
    rules at 35 Ill. Adm. Code 107.123. Citing to Mr. “C” Food &
    Liquor v. Office of the State Fire Marshal, PCB 94—387, (January
    11, 1995), the OSFM requests the Board to dismiss the action due
    to Consolidated’s failure to serve OSFM the petition.’
    Additionally, OSFM argues that the petition is insufficient
    pursuant to the Board’s procedural rules at 35 Ill. Adm. Code
    107. 122.
    We deny the OSFM’s motion to dismiss. Section 57.9(c) (2)
    states in pertinent part the following:
    Within 60 days of receipt of the “Eligibility and
    Deductibility Determination” form
    ...
    the Office of the
    State Fire Marshal shall issue
    ...
    determination, and
    ‘In Mr. “C” Food & Lici~uorthe Board found that the petition was
    insufficient as filed and that the petition contained no evidence that the
    OSFM has been served with notice of the petition’s filing as is required by
    Section 107.123. The Board directed petitioner to file an amended petition
    curing the petition deficiencies but did not dismiss the petition. Unlike
    here, in Mr. “C” Food & Liquor the OSFM did not file a motion to dismiss for
    the inadequacies of the petition.
    2
    such determination or failure to act within the time
    prescribed shall be a final decision appealable to the
    Board. (415 ILCS 5/57.9(c)(2) (1994).)
    There is no requirement for the petitioner to serve the OSFM in
    that section of the Act which confers subject matter jurisdiction
    upon the Board.
    Since the requirement of service appears in the Board
    procedural rules and is not a statutory requirement to file the
    action before the Board, it is an issue concerning personal
    jurisdiction. (See Hutchinson v. Brothman—Sherxnan Theatres, 94
    Ill.App3d 1066, 50 Ill.Dec. 422, 419 N.E.2d 530.) The OSFM filed
    a general appearance in this matter on October 31, 1995
    subjecting itself to the Board’s jurisdiction. (See In re
    Marriage of Linda Buchanio v. Charles Buchanio, 262 Ill.App3d
    910, 200 Ill.Dec. 641, 635 N.E.2d 980.) Once the OSFM has
    subjected itself to the Board’s jurisdiction, it can not argue at
    a later time in the proceeding that we lack personal jurisdiction
    over it. Additionally, for the reasons stated below an amended
    petition will be filed in this matter and since there is no
    statutory decision deadline in this matter, the OSFM has not been
    prejudiced by not being served with the petition.
    We agree with the OSFM that the petition fails to meet the
    petition content requirements of 35 Ill. Adm. Code 107.122. We
    direct Consolidated to file an amended petition curing such
    deficiencies on or before January 5, 1996. Consolidated is also
    directed to serve the amended petition on OSFM pursuant to 35
    Ill. Adin. Code 107.123. If Consolidated fails to timely file an
    amended petition or any other appropriate motion, this matter
    will be subject to dismissal.
    A copy of the Board’s recently—adopted procedural rules
    governing appeals from OSFM decisions is available from the
    Clerk’s office. These rules should be consulted by the
    petitioner when preparing any amended petition.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, he eby certify that the above order was adopted on the
    ____
    day of
    ________________
    ,
    1995, by a vote of
    ‘~‘ ~
    Gunn, Clerk
    llution Control Board
    Dorothy
    Illinois

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