ILLINOIS POLLUTION CONTROL
    BOARD
    February 27,
    1992
    KRONON MOTORS SALES, INC.,
    )
    )
    Petitioner,
    PCB 91—138
    v.
    )
    (Underground Storage Tank
    Reimbursement Determination)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTIQN AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by R.
    C.
    Flemal):
    On February 6, 1992, the Board received a Motion to Reconsider
    the Board’s January
    9,
    1992 decision filed by Kronon Motor Sales
    (Kronon).
    On February 20, 1992, the Board received a response from
    the Illinois Environmental Protection Agency (Agency) opposing the
    Motion
    to
    Reconsider.
    The
    Board
    will
    grant
    the
    Motion
    to
    Reconsider in order to clarify the Board’s position on the issue of
    recovery of costs incurred prior to notification of the Emergency
    Service and Disaster Agency.
    In North Suburban Development Corporation v. IEPA (PCB 91-109,
    December 19,
    1991)
    (North Suburban), the Board held that in cases
    arising prior to the effective date of HB 1741 pre-notification
    costs were excluded from reimbursement under the statute.
    Thus,
    the
    Board
    has
    determined
    that
    costs
    incurred
    prior
    to
    ESDA
    notification are not reimbursable at any time.
    Kronon argues that the Board did not indicate in its January
    9,
    1992 Order whether HB 1741
    is to be applied retroactively
    or
    whether the “Board misunderstood this matter to have arisen after
    the effective date of House Bill
    1741.”
    In its Order,
    the Board
    cited its decision in North Suburban and indicated that the issue
    of reimbursement of pre—ESDA notification requirements had been
    fully
    discussed
    there.
    Kronon
    has
    not
    presented
    any
    new
    information to the Board on this issue; nor does the Board believe
    it
    did
    not
    understand
    the
    factual
    situation
    in
    this
    case.
    Therefore,
    the Board affirms its January
    9,
    1992 Order.
    IT IS SO ORDERED.
    Board Member J. Anderson dissents
    Section
    41
    of the Environmental
    Protection Act,
    Ill.
    Rev.
    Stat.
    1989,
    ch.
    111 1/2 par.
    1041,
    provides for appeal of final
    Orders of the Board within 35 days.
    The Rules of the Supreme Court
    of Illinois establish filing requirements.
    130—223
    2
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    dQ hereby certt9i that the above Order was adopted,on the
    ___________
    day of
    ?~-t~c
    ,
    1992, by a vote of
    ~
    ~
    ~.
    .2’
    ~Dorothy
    M.~nn, C1ei~k
    Illinois Po.llution Control Board
    130—224

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