ILLINOIS POLLUTION CONTROL BOARD
    April
    8,
    1993
    RTC INDUSTRIES,
    INC.,
    )
    Petitioner,
    v.
    )
    PCB 93—28
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    This matter is before the Board on a March 19,
    1993 motion
    for summary judgment filed by the Illinois Environmental
    Protection Agency (Agency).
    RTC Industries
    (RTC)
    has not filed a
    reply to the motion for summary judgment.
    Therefore, RTC has
    waived objection to the granting of the motion.
    (35 Ill. Adm.
    Code 101.241(b).)
    Also before the Board
    is a cross—motion for
    summary judgment filed on April
    7,
    1993 by RTC.
    RTC filed its petition for review with the Board on February
    10,
    1993.
    The petition seeks review of the Agency’s January 19,
    1993 denial of eligibility for a 10,000 gallon heating oil tank.
    The Agency found the tank to be ineligible “because the tank is
    not registered and the fees are not paid.”
    RTC claims that the
    tank was registered on December 18,
    1989 and applicable fees
    paid.
    (Pet.
    at 3.)
    Attached to RTC’s petition is a registration
    form which includes the 10,000 gallon heating oil tank.
    The Agency contends that the only issue raised for review is
    the ineligibility determination for the 10,000 gallon heating oil
    tank.
    The Office of the State Fire Marshal
    (OSFM)
    informed the
    Agency that the oil tank was exempt from registration and
    therefore no fee was required.
    (Ag. Fiscal File at 91.)
    The
    Agency argues that based on notification from OSFM that the tank
    was not registered, the Agency determined the tank was
    ineligible.
    The Agency notes that the Board has previously held
    that OSFN registration determinations are not reviewable by the
    Board.
    The Board finds that the only issue on review is the Agency
    denial of eligibility of the 10,000 gallon oil tank because the
    tank was not registered.
    To be eligible to receive money from
    the Underground Storage Tank Fund, the owner or operator must
    have registered the tank and paid all applicable fees.
    (415 ILCS
    0N41-cil
    17
    2
    5/22.18b(4)
    (1992).)’
    Under the statutory division of authority,
    the OSFM is the agency with the authority to register tanks.
    (430
    ILCS 15/4
    (1992).)2
    In Village of Lincolnwood v.
    IEPA (June
    4,
    1992), PCB 91-83,_PCB
    ,
    the Board held that it “has no
    authority over registration of USTs and, therefore, the issue of
    whether the
    ...
    USTs,
    could,
    should, or might be registered
    is
    not material to the Board’s review.
    .“
    Any determination of
    registration
    is made by the OSFM and is not reviewable by the
    Board.
    (Martin Oil Marketing v. IEPA (August 13,
    1992), PCB
    92—53.)
    As the time for the. Agency to file a response to RTC’s
    cross—motion for summary judgment has not elapsed, the Board will
    delay reaching a decision on the Agency’s motion for summary
    judgment until the cross—motion is ripe for Board determination.
    The Board intends to decide these motions at its next scheduled
    Board meeting on April
    22,
    1993.
    However, the Board notes that a hearing in this matter
    is
    presently scheduled for April 23,
    1993.
    The decision deadline in
    this matter is June 6,
    1993.
    Absent an appropriate waiver of the
    decision deadline, this hearing may not be cancelled and must go
    forward as scheduled, to allow adequate time for the parties to
    brief the issues and for the Board’s deliberation.
    The parties
    are required to fully address the merits of the case at the
    scheduled hearing.
    It
    is the burden of the petitioner to proceed
    with this matter in accordance with the decision deadline.
    Failure by the petitioner to meet deadlines may result in
    dismissal of this matter.
    The Board also notes that RTC,
    as an
    alternative to its cross—motion for summary judgment, requests
    the Board to grant a stay of the proceedings
    in this matter.
    The
    Board notes that given the present decision deadline of June
    6,
    1993, the Board cannot grant a stay of the proceedings.
    If RTC desires to postpone the scheduled hearing until after
    resolution of the motions for summary judgment or to stay the
    proceedings pending the determination of its appeal before the
    OSFM,
    it must file an open waiver of the decision deadline or a
    waiver until a date certain that will allow for sufficient time
    to reschedule the hearing and allow the Board to deliberate.
    (See
    35 Ill. Adm Code 101.105.)
    IT IS SO ORDERED.
    I
    Previously codified at Ill. Rev. Stat.
    1991,
    ch.
    111½, par.
    1022.18b(4)
    2
    Previously codified at Ill. Rev. Stat.
    1991,
    ch.
    127½, par.
    156.)
    OIL~j-OI
    18
    3
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    B9~rd,hereby certify that the above order was adopted on the
    ~7
    day of
    __________________,
    1993, by a vote of
    ~
    //
    / f
    7
    (
    (
    /
    /
    ~Dorothy M.
    c~Ufrmn, Clerk
    Illinois Pollution Control ~oard
    UH4I
    -0119

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