ILLINOIS POLLUTION CONTROL BOARD
March 26,
1992
THE PUMPER,
)
)
Petitioner,
v.
)
PCB 91—262
)
(Underground Storage
ILLINOIS ENVIRONMENTAL
)
Tank Reimbursement)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by N.
Nardulli):
This matter is before the Board on the Illinois
Environmental Protection Agency’s (Agency) March
4,
1992 motion
to dismiss and March 9,
1992 motion to file the record instanter.
The Agency asks that the Board dismiss petitioner’s petition
for review of the Agency’s decision disallowing reimbursement
from the Underground Storage Tank Fund
(Fund)
for certain costs
of cleaning up contamination from a leaking underground storage
tank
(UST).
Citing Ideal Heating Co.
v. IEPA (January 23,
1992),
PCB 91-253, the Agency argues that the instant appeal
is not ripe
and should be dismisseth
The Agency has attached the affidavit
of Kendra Schmidt, project manager of the northern sub—unit of
the LUST Section, stating that the Agency often makes
reimbursement payments on a periodic basis during the course of
corrective action.
(Agency Brief Ex.
A.)
“This practice was
adopted for the
benefit of applicants and their creditors since
the process of corrective action can frequently extend over
a
period of several months.”
(Agency Brief Ex.
A.)
In Ideal Heating, the Board ruled that Agency UST decisions
are ripe for Board review when the Agency has:
(1) denied
eligibility; or
(2) granted eligibility and completed its
deductible and reimbursement determinations.
Consequently,
Agency determinations on the deductible amount alone are no
longer appealable.
The Board reached this ruling based upon in
part upon the desire to avoid piecemeal appeals.
(,3~at 2.)
The Board declines to extend its holding in Ideal Heating to
cases where the Agency has reached
a determination on an
applicant’s claim for reimbursement of corrective action costs,
but other claims for the same site are still pending before the
Agency or will be submitted in the future.’
While the Board has
expressed a desire to avoid piecemeal appeals, the Board finds
Because the Board denies the motion to dismiss,
it need
not wait for petitioner’s response.
(35 Ill. Adm. Code
101.241(b).)
131—523
2
this goal has been achieved by the ruling in Ideal Heating.
Because costs of corrective action can be great,
it is important
that claims for reimbursement be resolved as quickly as possible,
even though other claims may be pending before the Agency.
The
Board will not promote administrative economy at the expense of
environmental clean—up.
Therefore,
the Agency’s motion to
dismiss is denied.
The Agency’s motion to file the record
instanter is granted.
IT
‘IS
SO ORDERED.
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above order was adopted on the
~
day of
~7)-~~
,
1992 by a vote of
7
~c
Control Board
131—524