ILLINOIS POLLUTION CONTROL BOARD
    August 4, 2006
    J.D. STREETT & COMPANY, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-6
    (UST Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On July 31, 2006, J.D. Streett & Company, Inc. (J.D. Streett & Company) filed a petition
    asking the Board to review a June 21, 2006 determination of the Illinois Environmental
    Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2004); 35 Ill. Adm. Code 105.402. The
    Agency rejected the corrective action plan and budget for J.D. Streett & Company’s leaking
    underground storage tank site located at 510 East Linn Street, Canton, Fulton County.
    The postmark date of the petition is within the extended time for filing (
    see
    35 Ill. Adm.
    Code 101.300(b)(2), 105.404); however the petition is deficient. The petition does not contain
    all of the information required by 35 Ill. Adm. Code 105.408(b) and (c). For example, after
    stating the facts concerning the timing of the application and Agency decision (Pet. at 2-3, para.
    1-5), J.D. Streett & Company’s petition states only that:
    Petitioner prays that the Board reverse the Agency’s final determination and
    authorize the proposed injection of solid metal peroxides containing calcium
    peroxide into the surface and associated costs.
    Petitioner reserves the right to present additional grounds for reversal of the
    Agency’s final determination, as they may appear during the course of this appeal.
    (Pet. at 3, para.6-8).
    The lack of stated grounds for appeal may be due to scrivener’s error, as there is no paragraph 7
    in the petition.
    In any event, as it has done in previous cases, the Board strikes paragraph 8, purporting to
    reserve a right to add grounds for appeal at any time. In appeals such as this, the reasons for
    appeal must be contained in the original petition, just as the reasons for the Agency’s
    determination must be contained in its letter to petitioner.
    The Board reserves ruling on whether to accept this petition for review and grants J.D.
    Streett & Company leave to file an amended petition curing the noted deficiency on or before
    2
    September 5, 2006. Failure to file an amended petition will result in this matter being dismissed.
    The filing of any amended petition restarts the Board’s decision deadline (
    see
    35 Ill. Adm. Code
    105.114(b)).
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on August 4, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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