ILLINOIS POLLUTION CONTROL BOARD
    February 28, 1991
    BURLINGTON NORTHERN RAILROAD CO.,
    )
    )
    Petitioner,
    V.
    )
    PCB 91—11
    )
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by J. Anderson):
    Burlington Northern filed this appeal on January 18, 1991,
    to contest portions of a revised closure plan for a hazardous
    waste storage area, a rail siding at the Koppers Industries
    facility in Galesburg. The petition recited that it was filed
    pursuant to 35 Iii. Adm. Code 725.218(h) and 105.103.
    On February 7, 1991, the Agency filed a motion to dismiss
    the petition asserting that 1) Section 105.103 governs only 3rd
    party appeals of hazardous disposal sites, 2) Section 105.102(a)
    governs this appeal; and 3) the petition fails to satisfy the
    informational requirements of Section 105.102(a). In its
    February 14 reply, Burlington Northern asserts that it filed its
    petition pursuant to Section 105.103 based on directions it had
    received from the Agency and requests leave to amend the
    petition.
    The Agency’s motion to dismiss is denied. While the Agency
    is correct that Section 105.102(a) governs this appeal and that
    the petition is deficient pursuant to that rule, it is the
    Board’s practice to allow the petitioner to cure the deficiency
    in situations such as this. While the Board will consider the
    petition timely filed, the Board construes the timeclock for
    Agency and Board actions pursuant to Section 40 of the Act and
    Part 105 of the Board’s procedural rules as starting only upon
    the filing of a complete petition. The Board notes that an open
    waiver of the decision deadline in this case was filed February
    14,
    1991.
    If an amended petition curing the noted deficiency is not
    filed within 45 days of the date of this Order, this petition
    will be subject to dismissal.
    IT IS SO ORDERED.
    119—77
    —2—
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify t at the above Order was adopted on
    the
    ~
    day of
    _______________,
    1991, by a vote of
    C
    —0
    ~7~4
    ~.
    __
    Dorothy ~‘Gunn, Clerk
    Illinois ‘~ollutionControl Board
    119—78

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