ILLINOIS POLLUTION CONTROL BOARD
    February 4, 1999
    DEWEY'S SERVICE, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 99-107
    (UST - Reimbursement)
    ORDER OF THE BOARD (by C.A. Manning):
    On a January 27, 1999, petitioner Dewey’s Service, Inc. filed a petition for appeal of a
    December 21, 1998 decision of the Illinois Environmental Protection Agency (Agency)
    concerning its application for reimbursement from the underground storage tank fund. This
    matter is dismissed as the Board lacks jurisdiction to hear petitions untimely filed.
    The petitioner seeks to appeal a December 21, 1998 Agency decision. Section 40(a)(1)
    of the Environmental Protection Act (415 ILCS 5/40(a)(1) (1996)) requires that any appeal of
    an Agency decision must be filed within 35 days of the Agency’s decision. The Agency issued
    its decision on December 21, 1998; therefore, the 35-day appeal period expired on January 25,
    1999.
    Section 101.102(d) of the Board’s procedural rules provides, in pertinent part:
    The time of filing of documents will be the date on which they are date-stamped
    by the Clerk, unless date-stamped after any due date. If received after any due
    date, the time of mailing shall be deemed the time of filing. 35 Ill. Adm. Code
    101.102(d).
    The Board received the petition for appeal on January 27, 1999, two days after the expiration
    of the 35-day appeal period. As the petition was received by the Board after the January 25,
    1999 due date, under 35 Ill. Adm. Code 101.102(d), the Board looks to the date of mailing to
    determine whether the petition was timely filed. The
    pro se
    petition is dated January 25,
    1999, but contains no proof of service page as required pursuant to 35 Ill. Adm. 101.103,
    101.143. Examination of the mailing envelope reveals January 26, 1999, to be the date of the
    postmark, and the date on the express mail origin sticker affixed to the envelope. The petition
    is deemed filed on January 26, 1999; one day after the expiration of the 35-day appeal period.
    The Board cannot accept this untimely petition for appeal. See Indian Refining v. IEPA (July
    25, 1991), PCB 91-110; Pierce & Stevens, Corp. v. IEPA (July 11, 1991), PCB 91-100.
    2
    For these reasons, this matter is dismissed and this docket is closed.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 4th day of February 1999 by a vote of
    7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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