ILLINOIS POLLUTION CONTROL
    BOARD
    January 26,
    1995
    MONTGOMERY
    WARD
    &
    CO.,
    )
    INCORPORATED,
    Petitioner,
    )
    V.
    )
    PCB 94—289
    )
    (UST Fund)
    ILLINOIS ENVIRONMENTAL,
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by C.
    A. Manning):
    On October 11,
    1994, Montgomery Ward & Co., Incorporated
    (Montgomery Ward) filed by personal delivery a petition for
    review of an Illinois Environmental Protection Agency (Agency)
    final reimbursement determination from the Underground Storage
    Tank
    Fund (UST).
    The Board on October 20,
    1994 dismissed this
    matter for lack of jurisdiction, finding that Montgomery Ward
    failed to appeal the Agency determination within the 35-day
    statutory period to appeal pursuant to Section 40 of the
    Environmental Protection Act (Act).
    (415 ILCS 5/40
    (1992).)
    On
    November 9,
    1994 Montgomery Ward filed a motion for
    reconsideration of that order.
    On January 11,
    1995 the Board granted Montgomery Ward’s
    motion for reconsideration and accepted this matter for hearing.
    In doing so the Board calculated the statutory decision deadline
    to be July 14,
    1995 noting that “Montgomery Ward provided the
    Board with a 120-day extension of the decision deadline, which
    was March 16,
    1995, now making the decision deadline July 14,
    1995.
    The decision due date for this case will be the regularly
    scheduled Board meeting preceding July 14,
    1995.”
    (Mont~omery
    Ward v. Illinois Environmental Protection Agency,
    (January 11,
    1995),
    PCB 94-289, at page 4.)
    However, the Board erred in
    calculating the 120-day waiver from March 16,
    1995.
    The correct
    statutory decision deadline should have been stated as 120 days
    from the date the Board granted the motion for reconsideration
    and accepted the matter for hearing, January 11,
    1995.
    Thus the
    statutory decision deadline is May 11, 1995 and the decision
    deadline in this case,
    as a result of the 120—day waiver,
    is
    September 8,
    1995.
    IT IS SO ORDERED.
    2
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    9’~-~dayof
    _________________,
    1995,
    by a vote of
    7c9
    (7
    Control Board

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