ILLINOIS POLLUTION CONTROL BOARD

May 23, 1991

PAUL ROSMAN,

Petitioner,

v.

)

PCB 91—80

)

(Underground Storage Tank

Fund Reimbursement Determination)

ILINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by J.C. Marlin):

On May 13, 1991, Paul Rosman filed an appeal of an Agency

reimbursement determination. While the Board has not yet enacted

procedural rules specifically applicable to this type of action,

Section l022.l8b(g) of the Act refers to the permit appeal

procedures of Section 40 of the Act. The Board has implemented

Section 40 in Part 105 of its procedural rules. Section

l05.l02(a)(2) specifies the contents of a petition. While all of

these requirements are not logically applicable in these UST

actions, Section l05.102(a)(2)(B) require that a petition include

“a complete description of the facility...including its

location”. This petition does not give any indication as to

where in the state this facility is located; this information is

necessary to the Board for the purposes of hearing officer

assignment and hearing scheduling. The petition also fails to

state the date of the Agency’s determination, which is necessary

to determine the timeliness of this filing.

If an amended petition curing these deficiencies is not

filed within 45 days of the date of this Order, this petition

will be subject to cismissal. The filing of an amended petition

will restart the Board’s timeclock for purposes of its decision

deadline. However, the Board will use the May 13 date for

purpose of determining the timeliness of petitioner’s appeal.

IT IS SO ORDERED.

122—279

---

—2—

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the ~~A~day

of

_______________

,

1991, by a vote of

Co.

~

~.

Dorothy M. G34~rn, Clerk

Illinois Po~utibn Control Board

122—280