ILLINOIS POLLUTION CONTROL BOARD
    June 23,
    1992
    RUSSELL L. BACON,
    )
    Petitioner,
    )
    v.
    )
    PCB 92-1
    (Underground Storage
    ILLINOIS ENVIRONMENTAL
    )
    Tank Reimbursement)
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by M. Nardulli):
    This matter is before the Board on a Nay 21,
    1992 motion for
    reconsideration filed by petitioner Russell
    L. Bacon (Bacon).
    Bacon seeks reconsideration of this Board’s April 16,
    1992 order
    reinstating the Board’s March 11,
    19921 order dismissing Bacon’s
    petition for review of the Illinois Environmental Protection
    Agency’s determination that a $50,000 deductible to Bacon’s
    application for reimbursement from the Underground Storage Tank
    Fund.
    The Board dismissed Bacon’s petition for review pursuant to
    Ideal Heating Co.
    v. IEPA (January 23,
    1992), PCB 92—1.
    In Ideal
    Heating, the Board determined that only those Agency UST
    determinations which either denied eligibility or imposed a
    deductible ~
    reached a determination on reimbursement of costs
    are ripe for Board review.
    Because the Agency had not completed
    its determination of what corrective action costs incurred by
    Bacon were reimbursable, the Board dismissed Bacon’s petition for
    review.
    Bacon’s corrective action costs total approximately $38,000.
    Bacon contends that he will be unable to receive a final Agency
    determination on reimbursement because he is unable to pay for
    the corrective action costs.
    Consequently, he is not able to
    submit “proof of payment of such costs” as required by the Agency
    before it will determine reimbursement.
    (See,
    Ill.
    Rev.
    Stat.
    1991,
    ch. 111 1/2, par. 1022.18b(d)(4)(C).)
    Bacon also contends
    that because his deductible is greater than his corrective action
    costs, the Agency has deemed him ineligible for joint
    payment
    procedures.
    (i~)
    Asserting that the Board’s ruling in Ideal
    Heating is not jurisdictional,
    Bacon asks that the Board
    reconsider its dismissal and allow this case to proceed to
    hearing on the issue of the deductible.
    The Board’s April
    16,
    1992 order incorrectly refers to
    the Board’s March 12,
    1992 order.
    134—333
    2
    The Board has ruled that UST determinations are not ripe for
    review until the Agency has completed its reimbursement
    determination.
    The relief requested by Bacon would require the
    Board to make exceptions to Ideal Heating on a case-by-case basis
    which would defeat the purpose of adopting the rule in Ideal
    Heating.
    The Board declines to reverse its dismissal of Bacon’s
    petition for review at this time.
    However, because the finality,
    for purposes of Board review,
    of a UST determination is in the
    control of the Agency, there is nothing to prevent Bacon from
    obtaining a “complete determination” by the Agency on the basis
    of Bacon’s failure to comply with Section 22.18b(d) (4) (C) of the
    Environmental Protection Act.
    Because the Agency would have
    reached the issue of reimbursement, the deductible determination
    would then be ripe for Board review upon the filing of a petition
    for review.
    The Board has reconsidered its dismissal of Bacon’s petition
    for review, but declines to reinstate the petition for review at
    this time.
    If Bacon is unable to obtain a final Agency
    determination as suggested by this order,
    he may renew his motion
    for reconsideration.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certi,fy that the above order was adopted on the
    ______
    day of
    ________________,
    1992 by a vote of
    7—C
    VA’
    P~
    Control Board
    I
    34—334

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