ILLINOIS POLLUTION CONTROL BOARD
    October 10,
    1991
    SALVATION
    ARMY,
    )
    Petitioner,
    v.
    )
    PCB 91—131
    )
    (Underground Storage Tank
    ILLINOIS ENVIRONMENTAL
    )
    Reimbursement)
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by M. Nardulli):
    This matter is before the Board on the Illinois Environmental
    Protection
    Agency’s
    (Agency)
    motion
    for
    summary
    judgment
    filed
    September 26, 1991.
    By its motion, the Agency asks that the Board
    grant
    summary
    judgment
    in
    favor
    of
    the
    Agency
    regarding
    its
    determination that the Salvation Army’s request for reimbursement
    from the Underground
    Storage Tank Fund
    (Fund)
    is
    subject to
    a
    $100,000
    deductible.
    (Ill.
    Rev.
    Stat.
    1989,
    ch.
    111
    1/2,
    par.
    1022. 18b(d) (3) (B)
    (1).)
    Section
    22.18b(d) (3) (B) (I)
    of
    the
    Environmental Protection Act
    (Act) provides:
    If prior
    to July
    28,
    1989,
    the
    owner
    or operator has
    registered none of the underground storage tanks
    tUST
    in use on that date at the site,
    the deductible amount
    under
    subparagraph
    (A)
    of
    paragraph
    (3)
    of
    this
    subsection
    (d)
    shall be $100,000 rather than
    $10,000
    The Salvation Army alleges
    in
    its petition
    for review that
    its USTs
    “were registered and approved by the State Fire Marshal
    in November of 1975.”
    In support of this assertion, the Salvation
    Army attached its 1975 “Application for Service Station Approval”
    filed with the Office of
    State
    Fire Marshall
    (OSFM)
    and
    a
    1975
    letter from the OSFN stating that approval was granted.
    (Pet.
    E.
    B,
    C.)
    The Agency contends that,
    prior
    to the enactment of the
    hazardous and Solid Waste Amendments of 1984
    (42 U.S.C.
    Sec. 6991
    et ~q.),
    registration
    for purposes
    of the UST program was not
    possible.
    Therefore,
    Agency contends that the activity taken by
    the Salvation Army in 1975 does not constitute “registration” for
    purposes
    of
    the
    Fund and that
    the record establishes
    that the
    Salvation Army did not “register”
    its USTs within the meaning of
    the Act until November
    14,
    1990.
    The record establishes that the
    Salvation Army’s “Notification for Underground Storage Tanks” was
    126—485
    2
    received by the OSFN on November 9,
    19901.
    (Ag. Motion Ex.
    A;
    R.
    41.)
    There are no genuine issues of material fact presented here.
    The sole question
    is whether,
    as
    a matter
    of law,
    the Salvation
    Army’s
    “Application
    for
    Service
    Station
    Approval”
    constitutes
    “registration’t
    for
    purposes
    of
    the
    Fund.
    Section
    22.l8b(d) (3) (B) (iii)
    of the Act provides that “for
    purposes of
    this
    subparagraph,
    registration
    of
    tanks
    means
    registration
    in
    accordance
    with Section
    4
    of
    ‘An Act
    to regulate the
    storage,
    transportation,
    sale and use of gasoline, volatile oils and other
    regulated substances’
    approved June 28,
    1919.”
    (Ill. Rev.
    Stat.
    1989,
    ch.
    111
    1/2,
    par.
    l022.18b(d)(3)(B)(iii).)
    The
    Board’s
    review of the statutory provisions governing registration of UST5
    yields no provision establishing that an application for approval
    of
    a
    service
    station
    constitutes
    “registration”
    of
    a
    UST
    as
    required by the Act.
    (See,
    Ill. Rev. Stat.
    1987, ch.
    127 1/2, par.
    156;
    P.A. 85—861; 1987 Ill.
    Leg.
    Service No.
    9 at 1008;
    Ill.
    Rev.
    Stat. 1985, ch. 127 1/2, par. 4(b); see also,
    In the Matter of: UST
    Update, USEPA Regulations
    (September 23,
    1988), R88—27
    (April
    27,
    1989).)
    The
    Board
    concludes
    that,
    as
    a
    matter
    of
    law,
    the
    Salvation Army did not “register”
    its USTs until
    after July
    28,
    1989.
    Having concluded that the Salvation Army registered its USTs
    pursuant to the Act until after July 28, 1989, the Board finds that
    the Agency correctly applied the deductible of $100,000 pursuant
    to Section 22.18b(d)(3)(B)(i).
    The Agency’s motion for summary
    judgment is hereby granted.
    IT IS SO ORDERED.
    Section 41
    of the Environmental Protection Act
    (Ill.
    Rev.
    Stat.
    1989,
    ch.
    111
    1/2,
    par.
    1041)
    provides
    for the appeal of
    final orders of the Board within 35 days.
    The Rule of the Supreme
    Court of Illinois establish filing requirements.
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certi~je.~—thatthe above Order was adopted on the
    ~
    day of
    ~1991
    by a~vote ~
    ~
    ~
    L-&~ZZ~
    ~?7?.
    ~
    ~—~_~-~‘
    ~bo±~othyM. ,çJ’unn, Clerk
    Pollution control Board
    The
    Salvation
    Army’s
    “Application
    for
    Reimbursement”
    submitted
    to the Agency states that
    it registered its
    USTs on November
    14,
    1990; however, the form submitted
    to the OSFM
    is
    stamped received on November
    9,
    1990.
    This
    inconsistency
    does
    not
    affect
    the
    Board’s
    determination in this case because both dates are after
    July 28,
    1989.
    126—486

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