ILLINOIS POLLUTION CONTROL BOARD
    July 7, 2005
     
    HARVEY B. WHITTAKER,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 05-184
    (UST Appeal)
     
    ORDER OF THE BOARD (by A.S. Moore):
     
    On April 8, 2005, Harvey B. Whittaker (Whittaker) filed a petition asking the Board to
    review a March 2, 2005 underground storage tank determination of the Illinois Environmental
    Protection Agency (Agency). The Agency rejected a high priority corrective action plan budget
    concerning Whittaker’s gasoline service station in Perry, Pike County. In an April 21, 2005
    order, the Board found that Whittaker’s petition failed to specify when he was served with the
    Agency determination, making it unclear whether his appeal was timely. The Board granted
    Whittaker 30 days to file an amended petition to correct the informational deficiency, noting that
    Whittaker’s failure to comply would subject the appeal to dismissal. The 30 days afforded by
    the Board have expired without any filing from Whittaker. The Board therefore dismisses this
    appeal and closes the docket.
     
    IT IS SO ORDERED.
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2004);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on July 7, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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