ILLINOIS POLLUTION CONTROL BOARD

March 17, 1994

Gunite Corporation,

)

Petitioner,

v.

)

PCB 94—80

(UST

Fund)

Illinois Environmental

Protection Agency,

Respondent.

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

On March 2, 1994, Gunite Corporation (Gunite) filed a

Petition for Review of Agency Denial of Underground Storage Tank

Site Specific Cleanup Objectives of Gunite Corporation. Gunite

stated the petition was filed pursuant to 415 ILCS 5/1 et sea.

and 35 Ill. Adm. Code 105.102. Section

5/1.

et sea. comprises the

Illinois Environmental Protection Act in its entirety and our

permit appeal procedural rules are set forth in Section 105.102.

To date, the Board has never reviewed the Agency’s denial of

an underground storage tank site—specific clean—up objective

application. As the Board is only vested with jurisdiction over

matters which are statutorily authorized, petitioner is directed

to file an amended petition within 30 days offering a

jurisdictional basis for our review. Petitioner should include

sufficient information so the Board may determine whether the

matter is brought pursuant to new Title XVI of the Environmental

Protection Act, or whether petitioner is relying upon pre-Title

XVI law.1 Petitioner should also provide sufficient information

showing Gunite’s election to proceed under Title XVI if

applicable. (415 ILCS 5/57.13.) An adequate amended petition

would also include documentary information evidencing the date of

the Agency’s final determination so the Board may ascertain

whether this appeal is timely.

If the amended petition demonstrates an adequate showing as

to jurisdiction, Gunite’s filing of an amended petition will

restart the 120-day decision timeclock. Otherwise, this case

will be dismissed.

IT IS SO ORDERED.

‘P.A. 88-496 became effective on September 13, 1993. PA.

88-496 substantially amended the Environmental Protection Act

repealing Sections 22.13, 22.18, 22.18b and 22.18c, and adopting

new Title XVI.

---

2

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

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

J7c~L~

day of

_________________,

1994, by a vote of

~—c2

~

~u.

/~

Dorothy M. ~unn, Clerk

Illinois Póflution Control Board