ILLINOIS POLLUTION CONTROL BOARD
    November 21,
    1991
    O’BRIEN TIRE
    AND
    BATTERY
    SERVICE,
    Petitioner,
    v.
    )
    .PCB 91—212
    )
    (Underground Storage Tank Fund
    Reimbursement Determination)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On November
    6,
    1991, O’Brien Tire and Battery Service filed
    a
    letter with attachments which purports to be an appeal
    of an
    August
    1,
    1991 Agency underground storage tank fund reimbursement
    determination.
    The letter was not accompanied by the $75.00 filing
    fee specified in Section 101.120(b) of the Board’s procedural rules
    and 7.2 of the Act.
    In the
    letter,
    O’Brien
    asserts
    some
    confusion
    as
    to
    the
    details of the appeal process, and that a “good faith effort was
    made to meet the time limits specified for appeals, and thus our
    attempt to
    appeal
    should
    be
    permitted.
    If you
    concur,
    please
    forward the
    forms
    needed
    to
    register
    this
    appeal,
    along
    with
    information
    about
    the required fees.
    If you do not concur,
    I
    would appreciate you confirming this in writing with the reasoning
    behind your decision.”
    On November 13,
    1991.,
    the Agency filed
    a motion to dismiss
    •this appe.al on the grounds that it was untimely filed.
    Due to the alleged confusion surrounding this
    filing,
    the
    Board
    has
    given O’Brien’s
    filing
    a
    docket
    number
    despite
    its
    failure to submit the required $75.00 filing fee and will consider
    November
    6,
    1991 to be the date
    of
    filing
    for the purposes of
    determination of timeliness of filing issues.
    The Board has not,
    however, accepted this matter for hearing.
    The Clerk’s Office is directed to provide O’Brien with a copy
    of the procedural rules.
    If O’Brien wishes to pursue this matter,
    an amended petition should be filed along with the $75.00
    filing
    fee.
    The filing of an amended petition does not, however, dispose
    of the
    timeliness
    issues raised by the Agency
    in
    its motion to
    127—227
    2
    dismiss.
    The Board will not rule on this issue until after it has
    received any response O’Brien may make.
    If an amended petition accompanied by the required filing fee
    is not received within 30 days of the date
    of this Order,
    this
    matter will be dismissed.
    The filing of an amended petition will
    restart the Board’s tiineclock for the purposes of Section 40 of the
    Act.
    If
    O’Brien
    wishes
    to
    respond
    to
    the Agency’s motion
    to
    dismiss,
    that response also must be filed within
    30 days of the
    date of this Order.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Boa d, hereby certify~
    t the above Order was adopted on the
    /-.°~
    day of
    /
    ~
    ,
    1991 by a vote of
    ‘L/Dorothy N.
    G~.3Ern, Clerk
    Illinois P9~l1utionControl Board
    12 7—2
    28

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