LLINOIS POLLUTION CONTROL BOARD
    February 17, 2005
    HAROLD HART SERVICE,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB
    05-61
    (UST
    Appeal)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    This matter is before the Board on a petition filed by Harold Hart Service’s (HHS) asking
    the Board to review an August 19, 2004 determination of the Illinois Environmental Protection
    Agency (Agency). The petition was filed in regards to the Agency’s denial of certain costs for
    corrective action for HHS’ leaking underground petroleum storage tank facility located at 2605
    College Avenue, Alton, Madison County.
     
    On January 6, 2005, the Board issued an order accepting the petition as timely, but
    finding that it did not specify the grounds for appeal, as required by 35 Ill. Adm. Code
    105.408(b) and (c). The Board directed HHS to amend its petition for review to include grounds
    for appeal within 30 days from the date of this order, or face dismissal.
     
    On February 14, 2005, HHS filed a motion to voluntarily dismiss the appeal. In the
    motion, HHS asserts that it supplied the Agency with additional information and wishes to
    continue to work with the Agency with respect to the issues of the appeal. HHS asserts that the
    Agency has no objection to the motion to dismiss.
     
    In the January 6, 2005 Board order, HHS was directed to file an amended petition within
    30 days – on or before February 7, 2005. HHS failed to amend the petition within that
    timeframe. Accordingly, HHS’ petition for review is dismissed. The motion for voluntary
    dismissal filed on February 14, 2005 is moot and will not be addressed. The Board hereby
    dismisses the petition, and closes the docket.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 17, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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