ILLINOIS POLLUTION CONTROL BOARD
    September 2, 2004
     
    BROADUS OIL,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-31
    PCB 05-43
    (UST Appeal)
     
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On August 2, 2004, the petitioner, Broadus Oil, filed a motion for leave to clarify. The
    Board grants the motion to clarify. The motion responds to a March 18, 2004 hearing officer
    inquiry. Broadus Oil seeks to clarify that it is appealing two decisions by the Illinois
    Environmental Agency (Agency). In two prior Board orders, the Board referenced only one
    decision by the Agency, that of August 6, 2003.
    See
    Broadus Oil v. IEPA, PCB 04-31 (Sept. 18,
    2003) and Broadus Oil v. IEPA, PCB 04-31 (Dec. 18, 2003). However, Broadus Oil states that
    the record establishes that Broadus Oil was seeking a 90-day extension and then an appeal
    concerning Agency decisions of both August 6, 2003 and September 8, 2003. Mot. at 1.
     
    The Board docketed the 90-day extension requests for the two decisions as one case.
    When a petition for review is filed challenging two Agency decisions, the Board customarily
    opens two separate dockets, as it is required to collect payment of the statutory filing fee for each
    appeal. 415 ILCS 5/7.2 (2002).
     
    Therefore, the Board directs the Clerk to open a new docket (PCB 05-43) for review of
    the September 8, 2003 decision. The Board incorporates the entire record of PCB 04-31 into
    PCB 05-43. The decision deadline for PCB 05-43 is December 19, 2004, the same as for PCB
    04-31. Broadus Oil is directed to submit a filing fee for the new docket by October 4, 2004. If
    Broadus Oil fails to timely submit the filing fee, the new docket may be subject to dismissal.
     
    Existing docket PCB 04-31 remains open for review of the August 6, 2003 decision. But,
    in the interest of administrative economy, the Board also consolidates the two dockets for
    purposes of hearing.
     
    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 September 2, 2004, by a vote of 5-0.
     
     
     
     
    Dorothy M. Gunn, Clerk
     
    Illinois Pollution Control Board
     

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