ILLINOIS POLLUTION CONTROL BOARD
    January 4, 2007
    FREY ENTERPRISES, INC.
    (November 1, 2005 to February 25, 2006),
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-18
    (UST Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On September 21, 2006, at the parties’ request, the Board extended until
    December 21, 2006, the time period for petitioner, Frey Enterprises, Inc. (Frey), to appeal an
    August 16, 2006 determination of respondent, the Illinois Environmental Protection Agency
    (Agency).
    See
    415 ILCS 5/40(a)(1) (2004); 35 Ill. Adm. Code 101.300(b), 105.402, 105.406. In
    the determination, the Agency denied Frey’s request for reimbursement from the Underground
    Storage Tank (UST) Fund. Frey’s application for payment concerns Frey’s leaking UST site at
    308 North Main in Dupo, St. Clair County, and covers the time period of November 1, 2005 to
    February 25, 2006.
    Under the Environmental Protection Act (415 ILCS 5 (2004)), the Agency decides
    whether to approve proposed cleanup plans for leaking UST sites, as well as requests for cleanup
    cost reimbursement from the State’s UST Fund, which consists of UST fees and motor fuel
    taxes. If the Agency disapproves or modifies a submittal, the UST owner or operator may appeal
    the decision to the Board.
    See
    415 ILCS 5/40(a)(1), 57-57.17 (2004); 35 Ill. Adm. Code
    105.Subpart D. Because Frey has failed to timely file an appeal of the Agency’s
    August 16, 2006 determination, the Board dismisses this case 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 January 4, 2007, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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