ILLINOIS POLLUTION CONTROL BOARD

April 21, 1994

GRAYSLAXE FEED SALES, Inc./

)

OUTDOOR POWER EQUIPMENT,

)

)

Petitioner,

)

v.

)

PCB 94—126

(UST Fund)

ILLINOIS ENVIRONMENTAL,

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD:

On April 19, 1994, Grayslake Feed Sales, Inc./Outdoor Power

Equipment (Grayslake Feed Sales), filed a petition for review of

an Illinois Environmental Protection Agency (Agency) final

Underground Storage Tank Fund reimbursement decision. In order

for the Board to review an Agency final determination pursuant to

Sections 22.18(b)(g) and 40 of the Environmental Protection Act

(Act), a petition for review must be filed within thirty-five

(35) days of the date of the final determination. (415 ILCS

5/22.18b(g), 5/40 (1992).) Grayslake Feed Sales’ petition

indicates the Agency issued an invoice voucher on March 4, 1994,

which contains in Attachment A, the following notice: “You have

35 calendar days from the date the comptroller mails the

accompanying check to file a petition for a hearing with the

Board (35 Ill. Adm. Code 105. 102 (a) (2))

.“

The invoice voucher

constitutes the Agency’s final decision for purposes of appeal.

Based upon the invoice voucher date of March 4, 1994, the thirty-

five (35) day appeal period expired April 8, 1994. Thus a

question remains whether this appeal is timely filed.

Grayslake Feed Sales is directed to amend its petition,

within forty-five (45) days of the date of this order, to include

information to allow the Board to determine whether this petition

is properly before the Board pursuant to Sections 22.18(b) (g) and

40 of the Act. Failure to do so will subject this matter to

dismissal.

IT IS SO ORDERED.

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

Board, hereby cert y tha the above order was adopted on the

~

day of

______________,

1994, by a vote of

y

—o

~Dorothy N. 1~unn, Clerk

Illinois P~L1ution Control Board