ILLINOIS POLLUTION CONTROL BOARD
    November 20, 2003
     
    WEI ENTERPRISES (March 1, 2002 to
    February 28, 2003),
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-83
    (UST Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On November 17, 2003, Wei Enterprises filed a petition asking the Board to review an
    October 8, 2003 determination of the Illinois Environmental Protection Agency (Agency).
    See
     
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.402. At issue is the Agency’s approval of
    payment of requested reimbursement from the Underground Storage Tank Fund, with
    modifications, for Wei Enterprises’s underground storage tank facility at 529 Maple Street,
    Shiloh, St. Clair County. Wei Enterprises appeals on the grounds that the Agency adjustments to
    the requested reimbursement were unreasonable, onerous, arbitrary, and capricious.
     
    The petition does not represent when Wei Enterprises received the Agency determination.
    Any petition for review of this Agency determination was due to be filed within 35 days of
    service of the determination.
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.404. The
    postmark date of the petition is November 13, 2003, 36 days after the October 8, 2003 date of the
    Agency determination.
    See
    35 Ill. Adm. Code 101.300(b)(2) (2002). Thus, the Board cannot
    determine that Wei Enterprises filed the petition within the time allowed for filing.
     
    The Board hereby orders Wei Enterprises to file on or before December 4, 2003, an
    amended petition containing proof of the date on which it received a copy of the October 8, 2003
    Agency determination. This will allow the Board to determine whether Wei Enterprises timely
    filed its petition. For the purposes of computation of time, the deadline for Board decision and
    for filing of the Agency record will be determined based on the filing of proof of receipt, as an
    amended petition.
    See
    35 Ill. Adm. Code 105.115(b). Unless the Board receives the proof of
    receipt by December 4, 2003, the Board will dismiss Wei Enterprises’ petition as untimely filed.
     
    IT IS SO ORDERED.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on November 20, 2003, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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