I LII
NOl S
POLLUTI
ON
CONTROL
UOI\RI)
Auqust
?(
,
1 9913
STO—JO
301
NT
V
LN’I UlUl,
~i
Ii
I
I flO
is
Corpor~t
ion,
Pet
it
I oner,
v.
PCB
9S3—1~1U
(UST
Fund)
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD
(by
G.
T.
Girard)
This matter
is before the Board on an August
9,
1993,
petition for review of the respondent’s determination that
petitioners’ claim for reimbursement from the Underground Storage
Tank Fund
(415 ILCS 5/22.186)
is subject to a deductible.
By the instant petition,
petitioners contend that respondent
incorrectly imposed a $100,000 deductible and allege that the
decision is contrary to the applicable law.
In Ideal Heating
v.
IEPA
(January 23,
1992),
PCB 91—253,
the Board held that Agency
UST decisions are ripe for Board review only where:
(1) the
Agency has denied eligibility or;
(2) the Agency found the
applicant eligible and has also reached both the issue of the
proper deductible and the reasonableness of costs.
(See also,
Village of Lincolnwood v.
IEPA
(June
4,
1992,),
PCB 91—83.)
On July
6,
1993,
the Agency determined that petitioners’
claim is subject to a $100,000 deductible.
The Agency’s
September
8 letter establishes that
it has not yet reached
a
determination as to which costs are reimbursable.
Therefore,
pursuant to Ideal Heating,
the Agency’s decision is not ripe for
Board review and the instant appeal
is dismissed as premature.
IT
IS SO ORDERED
Section 41 of the Environmental Protection Act
(Ill.
Rev.
Stat.
1991,
ch.
111
1/2,
par.
1041)
provides for the appeal
of
final Board orders within
35 days.
The Rules
of the Supreme
Court
of Illinois establish filing requirements.
(See also,
35
Ill.
Adm.
Code 101.246, Motions for Reconsideration.)
2
I,
Dorothy
N.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby
certify
that
the
~bove
order
was
adopted
on the
___________________
day
of
//‘t~
/•
,
1993,
by
a
vote
of
,‘
~
~1
Dorothy M. G~nn, Clerk
Illinois Pol4ution Control Board