ILLINOIS POLLUTION CONTROL BOARD

January 11, 1995

MR.

“C” FOOD & LIQUOR, INC.

)

)

Petitioner,

)

v.

)

PCB 94—387

)

(UST Fund)

OFFICE OF THE STATE FIRE

)

MARSHAL,

)

)

Respondent.

ORDER OF THE BOARD (by C.A. Manning):

This matter is before the Board on a petition for review

filed by Mr. “C” Food & Liquor, Inc. (Mr. “C”) on December 21,

1994. Mr. “C” is appealing a November 15, 1994 final

determination of the Office of State Fire Marshal (OSFM)

concerning Mr. “C”s eligibility to access the Underground

Storage Tank Fund. The petition however, is insufficient as

filed and it must be substantially amended before this case can

be sent to hearing. Specifically, the petition fails to meet the

petition content requirements of 35 Ill.

Adm.

Code 107.122,

“Contents of the Petition”, in its entirety and more importantly,

on the face of the petition, there is no evidence that the OSFN

has been served with notice of the petition’s filing as is

required by Section 107.123.

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.

Accordingly, an amended petition shall be filed with the

Clerk of the Board on or before Thursday, February 9, 1995. If a

sufficient petition is not filed at that time, this matter will

be dismissed by the Board at its next regularly scheduled meeting

on February 16, 1995.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above order was adopted on the

//~

day of

__________________,

1995, by a vote of ~

C’.

(I

(~7~2

~

‘~‘

~Dorothy M./Gunn, Clerk

Illinois Pbllution Control Board