ILLINOIS POLLUTION CONTROL BOARD
    June 27,
    1991
    PIERCE
    & STEVENS,
    CORP.,
    )
    )
    Petitioner,
    )
    V.
    )
    PCB 91—100
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD by
    (M. Nardulli):
    This matter
    comes
    before the Board
    on petitioner
    Pierce
    &
    Stevens Corporation’s filing of a petition for review challenging
    the Illinois Environmental Protection Agency’s (Agency) imposition
    of permit conditions.
    Section
    40(a) (1)
    of the Environmental Protection Act
    (Act)
    provides that an applicant may seek review of the Agency’s permit
    decision by filing a petition for hearing with the Board within 35
    days.
    (Ill.
    Rev.
    Stat.
    1989,
    ch.
    111
    1/2,
    par.
    1040(a)(1).)
    Section
    105.102(a)(2)
    of
    the Board’s procedural
    rules
    governing
    permit appeals provides that such
    a petition for hearing shall be
    filed with the Board “within 35 days of the date of mailing of the
    Agency’s final decision.”
    (35
    Iii. Adm.
    Code 105.102(a) (2).)
    Here, the Agency’s permit from which appeal is sought is dated
    Nay
    10,
    1991——
    35
    days
    from
    Nay
    10,
    1991
    is
    June
    14,
    1991.1
    Petitioner’s petition for hearing was date-stamped by the Clerk on
    June 18,
    1991.
    Because the petition
    for hearing
    is date-stamped
    after the due date,
    “the time of mailing shall be deemed the time
    of filing.”
    (35 Ill. Adm. Code 101.102(d).)
    Hence, the Board must
    look to petitioner’s certificate of service to determine the time
    of
    filing.
    (35
    Ill.
    Adm.
    Code
    101.143(a)(1).)
    Petitioner’s
    certificate of service
    states that the petition for hearing was
    served
    on the Board
    by personal delivery on June
    18,
    1991,
    four
    days after June 14,
    199•l.
    1
    Section 101.109 of the Board’s general procedural rules
    provides
    that
    “c)ornputation
    of
    any
    period
    of
    time
    prescribed by this Chapter
    or the Act shall begin with
    the first calendar day
    following the day
    on which the
    act, event, or development occurs and shall run until the
    end of the last day, or next business day if the last day
    is
    a
    Saturday,
    Sunday,
    or
    national
    or
    state
    legal
    holiday.”
    (35 Ill. Mm.
    Code 101.109.)
    2
    Based upon the above,
    it appears that petitioner’s petition
    for
    hearing
    is
    untimely
    filed.
    Therefore,
    the
    Board
    hereby
    rescinds
    its
    set for hearing order adopted
    at the June
    20,
    1991
    board meeting.
    The Board directs the parties to address the issue
    of
    timeliness
    of
    the
    filing
    of
    the
    instant
    petition
    by filing
    simultaneous responses to this order to be received by the Board
    no later than 4:30 p.m.
    on July 8,
    1991.
    In particular, the Board
    directs the parties’ attention to the Board’s decision in Finks
    &
    Austman v.
    IEPA, PCB 90-243
    (February 7,
    1991).
    IT IS SO ORDERED.
    I,
    Dorothy
    N.
    Gunn,
    Clerk of
    the
    Illinois Pollution Control
    Board, hereby ce
    ify that the above Order was adopted on the
    ~
    day of
    _____________
    ,
    1991 by a vote of
    o
    ‘7
    ~
    Dorothy N. ~inn, Clerk
    Illinois P~1lutionControl Board

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