ILLINOIS POLLUTION CONTROL BOARD
    December 2, 1993
    DAVID GEUTHER and
    FEHP.-GRAHAN & ASSOCIATES,
    Petitioners,
    v.
    )
    PCB 93—232
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by M. Nardulli):
    ‘This matter is before the Board on a November 23, 1993
    petition for review, filed by petitioners David Geuther and Fehr-
    Graham & Associates (collectively, petitioners)
    .
    Petitioners
    seek review of an Illinois Environmental Protection Agency
    (Agency) decision denying $2,954.24 of petitioners’ joint request
    for payment from the Underground Storage Tank (UST) Fund.
    The Board finds the petition deficient. Although
    petitioners have attached an invoice voucher, dated October 8,
    1993, and an “Attachment A” to that voucher, the Board is
    accustomed to reviewing an Agency letter setting forth its
    decision, not simply a voucher. Petitioners are directed to
    provide any additional correspondence received from the Agency,
    setting forth the challenged decision.
    Additionally, the Board questions whether this appeal is
    timely. The second page of the Agency’s “Attachment A” states
    that an appeal may be brought within “35 calendar days from the
    date the Comptroller mails the accompanying check to file a
    petition for a hearing with the Board”, and cites Section
    105.102 (a) (2) of the Board’s procedural rules. However, that
    section provides that an appeal shall be filed “within 35 days of
    the date of mailing of the Agency’s final decision.” (35 Ill.
    Adm. Code 105.l02(a)(2).) Petitioner shall address the issue of
    whether this appeal is timely pursuant to the Environmental
    Protection Act and the Board’s rules. The Agency is also
    directed to address that issue.
    Petitioner shall provide its response within 45 days of the
    date of this order. Failure to do so will subject this petition
    to dismissal. Petitioner’s response will be construed as an
    amended petition, and the decision deadline will be calculated
    from the date of filing of that amended petition. The Agency’s
    response to the issue of timeliness is also due within 45 days of
    the
    date of this order.
    2
    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
    ~
    ~, ~
    1993, by a vote of ~
    ‘/
    “bo~othy M. G~nn, Clerk
    Illinois Pollution Control Board

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