ILLINOIS POLLUTION CONTROL BOARD
    April 20,
    1994
    EUGENE W.
    GRAHAM,
    )
    Petitioner,
    v.
    )
    PCB 95—89
    )
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Yi):
    On March 10,
    1995,
    Eugene W. Graham,
    owner of the
    Libertyville Citgo
    (Graham), filed a petition for review of the
    Illinois Environmental Protection Agency’s
    (Agency) Underground
    Storage Tank Fund reimbursement determination regarding its
    facility’s tanks located at 109 South Milwaukee Ave.,
    Libertyville, Illinois.
    Graham filed the petition for review
    pursuant to Section 57.8(1) and 40(a) of the Environmental
    Protection Act
    (Act)
    and 35
    Ill.
    Adni. Code 732.602(h)
    of the
    Board’s regulations.
    (415 ILCS 5/57.8(i) and 5/40(a)
    (1992).)
    This matter was accepted for hearing at our March
    16,
    1995
    meeting.
    A hearing has been scheduled for May 10,
    1995.
    On March 20,
    1995 the Agency filed a motion to dismiss the
    petition for review for lack of subject matter jurisdiction.
    The
    Agency states that Graham filed the petition for review pursuant
    to Title XVI
    (415 ILCS 5/57 et.
    seq.),
    but fails to meet the
    requirements to seek relief under Title XVI.
    The Agency also
    filed a motion to file its record instanter and the record on
    April
    4,
    1995.
    The Agency’s instanter motion is granted.
    On March 28,
    1995, Graham filed a response to the motion to
    dismiss and a motion for leave to amend its petition.
    In its
    response Graham states that the petition inadvertently referred
    to Title
    XVI
    instead of the former Illinois underground storage
    tank response and cost reimbursement program set forth in
    Sections 22.18 through 22.18(c)
    of the Act.
    (415 ILCS 5/22.18-
    5/22.18
    (1992).)
    Graham seeks leave to amend its petition to
    conform with the appropriate provisions of the Act under which it
    is requesting an appeal of the Agency’s reimbursement
    determination.
    The Agency has not responded to Graham’s motion
    for leave to amend its petition as of the date of this order.
    On
    March 29,
    1995, petitioner waived the statutory decision deadline
    until July 31,
    1995.
    The Board grants Graham’s motion for leave to amend its
    petition.
    Therefore,
    the Agency’s motion to dismiss
    is moot.
    2
    For purposes of calculation of the statutory decision deadline
    pursuant to Section 40(a)(2) of the Act
    (415 ILCS 5/42(a) (2)),
    the filing of an amended petition will restart the Board’s
    120-day statutory decision deadline.
    Unless an amended petition
    is filed on or before May 5,
    1995,
    curing the above-noted
    defects, this matter will be subject to dismissal.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby
    ertify that the above order was adopted on the
    day of
    ____________________,
    1995, by a vote of
    7—e)
    ?)~ ~
    ~
    Clerk
    lution Control Board
    /

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