ILLINOIS POLLUTION CONTROL BOARD
    August
    5,
    1993
    DUPAGE ENTERPRISES,
    INC.,
    Petitioner,
    v.
    )
    PCB 93—143
    )
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Theodore Meyer):
    On July 28,
    1993 petitioner DuPage Enterprises,
    Inc.
    (DuPage)
    filed a petition for review of an Underground Storage
    Tank reimbursement determination.
    DuPage seeks review of the
    Illinois Environmental Protection Agency’s
    (Agency) June 21,
    1993
    decision denying reimbursement of some costs.
    Sections 22.18b(g)
    and 40 of the Environmental Protection
    Act provide that an applicant may seek review of an Agency
    reimbursement determination by filing a petition with the Board
    within 35 days.
    (415 ILCS 5/22.l8b(g),
    40
    (1992).)
    Section
    105.102(a) (2)
    of the Board’s procedural rules state that such a
    petition shall be filed within 35 days of the date of mailing of
    the Agency’s final decision.
    ‘(35 I1l.Adm.Code 105.102(a) (2).)
    That requirement is noted in the Agency’s letter.
    This petition
    was filed with the Board, and mailed to the Agency,
    on July 28,
    1993.
    July 28
    is 37 days after the presumed date of mailing of
    the Agency’s decision-—June
    21,
    1993.
    As the Board has noted in earlier cases, the 35—day limit is
    jurisdictional;
    thus,
    failure to file a petition for review
    within that time period will result in dismissal.
    (Pierce
    &
    Stevens Corp.
    v. Illinois Environmental Protection Agency
    (July
    11,
    1991), PCB 91-100,
    citing Johnson v. State Employees
    Retirement System
    (1st Dist.
    1987),
    155 I1l.App.3d 616,
    508
    N.E.2d 351; Calvary Temple Church v.
    Illinois Environmental
    Protection Agency (April 25,
    1991),
    PCB 90-3.)
    As noted above,
    the instant petition was date-stamped by the Clerk of the Board
    on July 28,
    1993.
    Although the Board’s procedural rules do
    establish
    a “mailbox rule” for petitions which are received after
    a due date
    (35 Ill.Adm.Code 101.102(d),
    101.143(a) (1)),
    nothing
    in this petition suggests that
    it was mailed.
    The proof
    of
    service simply states that the petition was served on the Agency
    by U.S.
    mail on July 28,
    1993.
    Based on the above,
    the Board finds that the petition for
    review is untimely filed.
    The petition for review was filed on
    July
    28,
    1993,
    which
    is
    37 days after the presumed date of
    2
    mailing of the Agency letter.
    Thus,
    the petition is dismissed,
    and the docket is closed.
    This action is consistent with the
    Board’s prior decisions on this issue.
    (B
    & W Cartage Co..
    Inc.
    v.
    Illinois Environmental Protection Agency
    (January 9,
    1992),
    PCB 91-245; Ferrari v.
    Illinois Environmental Protection Agency
    (January 23,
    1992), PCB 91-242;
    Indian Refining Limited
    Partnership v.
    Illinois Environmental Protection Agency
    (July 25,
    1991 and September 26,
    1991),
    PCB 91—110;
    Finks
    & Austman v.
    Illinois Environmental Protection Agency
    (February 7,
    1991), PCB
    90—243.)
    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 I11.Adm.Code 101.246 “Motions for
    Reconsideration”.)
    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
    ~-
    (~)
    .~L4
    ~.t.
    Dorothy M. Gun~,Clerk
    Illinois Pollution Control Board
    U

    Back to top