ILLINOIS POLLUTION CONTROL BOARD
    August 5, 1993
    FINKS & AUSTMAN,
    )
    Petitioner,
    v.
    )
    PCB 93—83
    )
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    JERRY AUSTMAN APPEARED ON BEHALF OF PETITIONER; and
    DANIEL MERRIMAN
    APPEARED ON BEHALF OF RESPONDENT.
    OPINION AND
    ORDER OF THE BOARD (by
    J. Theodore Meyer):
    This matter is before the Board
    on a petition for review
    filed May 6, 1993 by Finks & Austntan pursuant to Section
    22.18b(g) of the Environmental Protection Act (Act).
    (415 ILCS
    5/22.18b(g)(1992).)
    Finks & Austman seeks review of an April 5,
    1993 Illinois Environmental Protection Agency (Agency) decision
    disallowing some costs for which Finks & Austman sought
    reimbursement from the Underground Storage Tank Fund (Fund). A
    hearing was held on July 8, 1993, in Normal, Illinois. No
    members of the public attended.
    This case arises from a reimbursement request submitted by
    Finks & Austman for costs incurred at several underground storage
    tanks in Lexington, McLean County, Illinois. In its petition,
    Finks & Austman requested review of three separate costs for
    which the Agency denied reimbursement from the Fund: $672.50 in
    costs which the Agency stated were included in a previous
    reimbursement submittal, $187.69 in ESE personnel costs
    (apparently a contractor), and $37.75 in cellular phone charges
    and Federal Express charges.
    At hearing, the Agency and Finks & Austman stated that they
    have reached an agreement on all three issues, and presented an
    oral stipulation. The Agency conceded that the $672.50 in costs
    it had denied as already having been reimbursed had not, in fact,
    been paid. Thus, the Agency and Finks & Austman stipulated that
    $672.50 is properly reimbursable from the Fund. Finks & Austinan
    agreed to withdraw its request for reimbursement of $187.69 in
    personnel costs and $37.75 in cellular phone and Federal Express
    charges. (Tr. at 4-7.)
    The Board will accept the stipulation entered by the
    parties. We note that the Agency agreed at hearing that the
    2
    $672.50 sum will be added to the amount which Finks & Austman is
    currently awaiting payment, so that it will be paid at the same
    time as the other previously approved balance. (Tr. at 6-7.)
    ORDER
    Based upon the stipulation entered by the parties at
    hearing, the Board directs the Agency to reimburse Finks &
    Austman for $672.50 in costs denied as having previously been
    paid. Finks & Austman had agreed to withdraw its request for
    reimbursement of $187.69 in personnel costs and $37.75 in
    cellular phone and Federal Express charges.
    This case is remanded to the Agency for disbursement of the
    $672.50 amount. This docket is closed.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41 (1992)) provides for the appeal of final Board orders. The
    Rules of the Supreme Court of Illinois establish filing
    requirements. (See also 35 Ill.Adm.Code 101.246 “Notions for
    Reconsideration”.)
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the a ye opinion and order was
    adopted
    OT)
    the 5iz day of
    ____________________,
    1993, by a
    vote of ~-o
    .
    ~Dorothy M. Gi~n,Clerk
    Illinois Poi,~Aition Control Board

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