ILLINOIS POLLUTION CONTROL BOARD
    October 20, 1994
    MONTGOMERY WARD & CO.,
    INCORPORATED.,
    )
    Petitioner,
    )
    V.
    )
    PCB 94—289
    (UST Fund)
    ILLINOIS ENVIRONMENTAL,
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD (by H. McFawn):
    On October 11, 1994, Montgomery Ward & Co., Incorporated
    (Montgomery Ward) filed by personal service a petition for review
    of an Illinois Environmental Protection Agency (Agency) final
    reimbursement determination from the Underground Storage Tank
    Fund. The Agency issued a final reimbursement decision on
    September 2, 1994, accompanied by attachment A which contains the
    stated reasons for deductions. The final determination concerns
    Montgomery Ward’s site located at 10601 West Seymour Avenue,
    Franklin Park, Cook County, Illinois.
    Section 22.18b(g) of the Act (415 ILCS 5/22.18b(g) (1992))
    provides that appeals of Agency reimbursement decisions are
    governed by Section 40 of the Act. (415 ILCS 5/40 (1992))
    Section 40 of the Act states that “if the Agency refuses to
    grant or grants with conditions a permit under Section 39 of this
    Act, the applicant may, within 35 days, petition for a hearing
    before the Board to contest the decision of the Agency.” The
    Board has adopted procedural rules for when parties are to
    compute the period of time for filing such petition. The Board’s
    procedural rule at 35 Ill. ADM. Code 101.109 states:
    Computation of any period of time prescribed by this
    Chapter or the Act shall begin with the first calendar
    day following the day on which the act, event or
    development occurs and shall run until the end of the
    last day, or the next business day if the last day is a
    Saturday, Sunday or national or state legal holiday.
    Thus in this case the 35-day period for Montgomery to file an
    appeal with the Board began on September 3, 1994 and ended on
    October 7, 1994. The issuance date of the Comptroller’s
    reimbursement check is the date of the Agency decision, which was
    Friday September 2, 1994, and not the date Montgomery received
    the Comptroller’s check. Therefore, pursuant to the Board’s
    procedural rules the 35 day period began on Saturday, September
    2
    3, 1994, and ended Friday October 7, 1994. In order for the
    Board to have had jurisdiction over the matter, Montgomery, by
    using personal service, had to have filed its petition for review
    before or on October 7, 1994. Montgomery filed by personal
    service on October 11, 1994. Montgomery’s inaction until October
    11, 1994, denies it the right to appeal the Agency decision
    before the Board.
    The Board, having no jurisdiction to hear this appeal,
    dismisses the case and closes the docket in this matter.
    IT IS SO ORDERED.
    Board member R. C. Flemal dissented.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41 (1992)) provides for the appeal of final Board orders within
    35 days of the date of service of this order. The Rules of the
    Supreme Court of Illinois establish filing requirements.
    ~
    also 35 Ill. Adm. Code 101.246, “Motions for Reconsideration”.)
    I, Dorothy H. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby c~tify that the above order was adopted on the
    ~2”-~
    day of
    ~
    ,
    1994, by a vote of ~/
    Dorothy N. GiIhn, Clerk
    Illinois Pollution Control Board

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