ILLINOIS POLLUTION CONTROL BOARD

December

3,

1992

RYDER TRUCK RENTAL,

 INC.,

)

Petitioner,

)

v.

)

 PCB 92—194

(Underground Storage Tank

ILLINOIS ENVIRONMENTAL

)

 Reimbursement)

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

 (by N. Nardulli):

On December 2,

 1992, the Board received a petition for review

from petitioner Ryder Truck Rental,

 Inc.

 (Ryder) seeking review of

respondent

 Illinois

 Environmental

 Protection

 Agency’s

 (Agency)

decision denying reimbursement from the Underground Storage Tank

Fund.

 Section 40(a) (1)

 of the Environmental Protection Act and 35

Ill.

 Adm. Code 105.102 (a) (2) require that a petition for review be

filed with the Board within

 35 days of the date of the Agency’s

denial

 letter.

 Here,

 Ryder

has

 failed

to

 attach

 the Agency’s

letter to its petition so that the Board is unable to determine of

this appeal

 is timely.1

 Ryder must provide the Board with a copy

of the Agency’s denial letter.

 Additionally, Ryder’s filing fails

to include:

(1)

 a proof of service indicating that its petition was

 served upon the Agency

 (35 Ill. Adm. Code 101.143);

 (2) the name,

address; and telephone number of the person appearing on behalf of

Ryder

 (35 Ill. Adm.

 Code 101.103(g))

and

 (3) the location of the

facility, including the county (35 Ill.

 Adju. Code 105.102 (a) (2) (B).

Ryder

 is directed to file the information listed above with the

Board within 21 days of the date of this order.

 Provided that the

initial petition received December

2,

 1992 was timely

 filed,

the

filing

 of this additional

 information will be construed by the

Board as

 an amended petition restarting the time clock

 for the

Board’s decision deadline.

IT IS SO ORDERED.

 Although

 Ryder

 states

 that

it

 received

the

 Agency’s

letter on October 28,

 1992,

 Ryder also recognizes that

the

 35 day time period begins to run from the date the

Agency’s

 letter

is

 mailed.

(35

 Ill.

 Adin.

 Code

105.102(a) (2).)

37-0593

2

I,

 Dorothy N.

 Gunn,

 Clerk of the Illinois Pollution Control

Board, hereby cert~j.fythat the above order was adopted on the

‘-~~--~~

 day of

________________,

 1992 by a vote of ~~7-C

~Dorothy N. q~n, Clerk

Illinois Po1~utionControl Board

0! 37-059k