ILLINOIS POLLUTION CONTROL BOARD
    April
    22,
    1993
    LEEWARDS CREATIVE
    )
    CRAFTS, INC.,
    )
    )
    Petitioner,
    )
    V.
    )
    PCB 93—69
    )
    (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by J. Theodore Meyer):
    This matter is before the Board on an April
    9,
    1993 petition
    for hearing filed by Leewards Creative Crafts,
    Inc.
    (Leewards).
    Leewards seeks review of a March
    5,
    1993 decision by the Illinois
    Environmental Protection Agency
    (Agency).
    In that decision, the
    Agency determined that all five of Leewards’ underground storage
    tanks
    (USTs)
    are eligible for reimbursement from the UST Fund,
    and that the deductible is $100,000.
    In its petition for hearing, Leewards states that it is
    aware of the Board’s decisions in Ideal Heating Co.
    v. Illinois
    Environmental Protection Agency (January 23,
    1992),
    PCB 91—253,
    and its progeny, and “agrees with such cases that the Agency’s
    March
    5,
    1993 determination is not yet ripe for review.”
    (Pet.
    at l.~)
    However, Leewards then goes on to state “petitioner
    files this “protective” petition to forestall any argument that
    it failed to timely seek review of the Agency’s determination.”
    (Pet. at
    1.)
    The Board
    is baffled as to why Leewards believes that it is
    necessary to file
    a
    “protective” petition for hearing of an
    Agency decision that Leewards agrees is not final.
    Leewards has
    not cited any decision that might cast doubt on the Board’s
    determination in Ideal Heating that “the Agency’s determination
    on eligibility and deductibility alone, without a determination
    on the reimbursibility of costs,
    is not an appealable order.”
    (Ideal Heating, slip op.
    at 1.)
    Therefore, this case is
    dismissed, and the docket is closed.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act
    (415 ILCS
    5/41) provides for the appeal of final Board orders.
    The Rules
    of the Supreme Court of Illinois establish filing requirements.
    (But see also 35 Ill.Adm.Code 101.246 “Motions for
    Reconsideration” and Castenada v. Illinois Human Rights
    OlE~
    -0279
    2
    Commission
    (1989),.
    132 Il1.2d 304,
    547 N.E.2d 437; Strube v.
    Illinois Pollution Control Board,
    No.
    3-92—0468, slip op.
    at 4-5
    (3d Dist. March
    15,
    1993).)
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that~the above order was adopted on the
    ~2~?’~
    day of
    ______________,
    1993,
    by
    a vote of~
    ‘~‘~
    ~
    A.
    ~
    Dorothy M./,~unn,Clerk
    Illinois ~61lution Control Board
    -0280

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