ILLINOIS POLLUTION CONTROL BOARD
    May 18, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    RALPH CAMPBELL,
    Respondent.
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    PCB 00-182
    (Enforcement - UST)
    ORDER OF THE BOARD (by E.Z. Kezelis):
    A complaint in the above-captioned matter was filed on May 5, 2000. The complaint
    alleges that the respondent violated specified provisions of the Gasoline Storage Act (430 ILCS
    15/1
    et seq
    . (1998)), and regulations adopted by the Office of the State Fire Marshal (OSFM)
    thereunder. The complaint seeks the imposition of penalties pursuant to Section 7(a)(5) of the
    Gasoline Storage Act (430 ILCS 15/7(a)(5) (1998)).
    The Board has previously held that, under Illinois law, it does not have jurisdiction to
    hear cases arising under the Gasoline Storage Act or to find violations of the OSFM regulations
    promulgated thereunder. Union Oil Company of California d/b/a UNOCAL v. Barge-Way Oil
    Company, Inc. (January 7, 1999), PCB 98-169; Material Service Co. v. J.W. Peters and Sons
    (April 2, 1998), PCB 98-97. Even though UNOCAL and Material Service were citizen
    enforcement actions, their precedent is appropriate here. Because the only violations alleged in
    the complaint arise under the Gasoline Storage Act and the OSFM regulations promulgated
    thereunder, the Board finds that this complaint fails to state a claim upon which relief can be
    granted by the Board. Accordingly, the complaint is dismissed and this docket is closed.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of service
    of this order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172
    Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 18th day of May 2000 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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