ILLINOIS POLLUTION CONTROL BOARD
    February 7, 1991
    ALTON COMMUNITY UNIT SCHOOL
    )
    DISTRICT #11,
    )
    )
    Petitioner,
    )
    V.
    )
    PCB 91-1
    )
    (Underground Storage Tank
    ILLINOIS ENVIRONMENTAL
    )
    Reimbursement)
    PROTECTION AGENCY,
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD (by M. Nardulli):
    This matter comes before the Board on a motion for summary
    judgment filed pursuant to 35 Ill. Adm. Code 101.244 on January 15,
    1991 by the Illinois Environmental Protection agency (Agency).
    Petitioner Alton Community Unit School District #11 (Alton)
    has
    failed to file a response to the Agency’s motion.
    On November 6, 1990, Alton submitted to the Agency an
    application for reimbursement from the Underground Storage Tank
    Fund for corrective action costs incurred in the removal of a
    10,000 gallon underground storage tank containing heating oil
    located at the Mark Twain School, 907 Milton Road, Alton, Illinois.
    (R. 1) This application states that the tank was registered with
    the Office of the State Fire Marshall (OSFM) on August 4, 1989.
    (R. 3) A copy of the OSFM registration form was attached to the
    application and provides that the tank was registered on August
    4,
    1989. (R. 9) On November 26, 1990, the Agency notified Alton that
    it was eligible to seek reimbursement of corrective action costs
    subject to a $100,000 deductible. (R. 18) On January 2, 1991,
    the Board received Alton’s petition for review challenging the
    Agency’s imposition of a $100,000 deductible.
    The Agency argues that summary judgment should be entered in
    its favor because there are no genuine issues of material fact as
    to the date Alton registered its tank with the OSFM and that,
    pursuant to Section 22.l8b(d) (3) (B) (i) of the Act, it is clear that
    the deductible imposed is proper. Section 22.l8b(d)(3)(B)(i) of
    the Act provides as follows:
    If prior to July 28, 1989, the owner or operator had
    registered none of the underground storage tanks 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
    ... .
    (Ill. Rev.
    Stat. 1989, ch. ill 1/2, par. 1022.18b(d)(3)(B)(i).)
    118—2
    75
    2
    The record establishes that the tank in question was registered on
    August 4, 1989. (R. 3, 9) Alton admits in its petition for review
    that the tank was registered “only one week past the deadline.”
    Therefore, no genuine issue of material fact is presented as to the
    date of registration. Given that Alton registered the tank after
    July 28, 1989, it is clear that the Act provides for the imposition
    of a $100,000 deductible rather than a $10,000 deductible.
    The Board finds that there are no genuine issues of material
    fact presented and that the Act supports the Agency’s imposition
    of a $100,000 deductible upon Alton. Therefore, the Agency’s
    motion for summary judgment is granted.
    This constitutes the Board’s findings of fact and conclusions
    of law in this matter.
    ORDER
    The Agency’s determination that Alton’s application for
    reimbursement for corrective actioncosts is subject to a $100,000
    deductible is hereby affirmed. The Board hereby grants the
    Agency’s motion for summary judgment.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (Ill. Rev.
    Stat. 1989, ch. lii 1/2, par. 1041) provides for appeal of final
    Board Orders within 35 days. Rules of the Supreme Court of
    Illinois establish filing requirements.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify ~at the above Opinion and Order was adopted
    on the
    7~’
    day of
    ,
    1991 by a vote of
    Dorothy N. ~unn, C erk
    Illinois Pollution Control Board
    118—276

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