ILLINOIS POLLUTION CONTROL BOARD
June 6, 2002
HOME OIL COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 02-205
PCB 02-206
(UST Fund)
(Consolidated)
ORDER OF THE BOARD (by N.J. Melas):
On May 17, 2002, Home Oil Company (Home Oil) timely filed a petition asking the
Board to review a May 2, 2002 determination of the Illinois Environmental Protection Agency
(Agency).
See
415 ILCS 5/40(a)(1) (2000); 35 Ill. Adm. Code 105.404. The Agency denied
Home Oil’s request for reimbursement from the Underground Storage Tank Fund regarding an
underground storage tank site at 2700 W. Main Street, Belleville, St. Clair County. The
Agency denied $43,180.80 in reimbursements that covered activities during the period from
May 1, 2000 to March 31, 2001. This petition was docketed as PCB 02-205.
On May 17, 2002, Home Oil also timely filed a petition asking the Board to review an
April 19, 2002 determination of the Agency.
See
415 ILCS 5/40(a)(1) (2000); 35 Ill. Adm.
Code 105.404. In that determination, the Agency denied $83,896.74 in reimbursement costs
for the underground storage tank site at 2700 W. Main Street in Belleville. Home Oil incurred
these costs for activities performed between October 1, 1999 and July 31, 2000. This petition
was docketed as PCB 02-206.
The costs involved in dockets PCB 02-205 and PCB 02-206 do not overlap.
Although Home Oil properly timely filed the petitions, Home Oil did not state the
grounds for the appeals. Thus, Home Oil’s petitions do not meet the content requirements of
35 Ill. Adm. Code 105.408. The Board cannot, at this time, accept the petitions for hearing.
In order for the Board to accept the petitions for hearing, Home Oil must file an
amended petition within 14 days of this order.
On May 17, 2002, Home Oil also filed a motion to consolidate dockets PCB 02-205
and PCB 02-206. On June 3, 2002, the Agency filed a response to the motion to consolidate.
The Agency requested that the Board grant Home Oil’s motion to consolidate so long as the
consolidation only applies to the Agency decisions of April 19, 2002 and May 2, 2002. The
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Agency stated that the time limits for appealing previous Agency determinations pertaining to
Home Oil (which were attached as exhibits to the petitions) have expired.
Both docket PCB 02-205 and 02-206 address the same property and the same
Corrective Action Plan. The Board therefore grants the motion to consolidate the dockets.
The Board will only address the Agency determinations issued on April 19, 2002 and May 2,
2002, in this matter. All future pleadings in this matter must contain the caption above.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on June 6, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board