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