ILLINOIS POLLUTION CONTROL BOARD
    February 21, 2008
    INTERSTATE OIL, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 08-38
    (NPDES Fee Appeal)
    ORDER OF THE BOARD (by G.T. Girard):
    On December 17, 2007, Interstate Oil, Inc. (Interstate Oil) filed a petition (Pet.) asking
    the Board to review a final determination of the Illinois Environmental Protection Agency
    (Agency). The determination concerns the Agency’s assessment of fees associated with the
    National Pollutant Discharge Elimination System (NPDES) permit issued for Interstate Oil’s
    facility in Shorewood, Will County.
    See
    415 ILCS 5/5(d), 12.5, 13, 13.3, 40(a)(1) (2006); 35 Ill.
    Adm. Code 105.204(f). Interstate Oil filed the requisite $75 filing fee on December 20, 2007.
    See
    415 ILCS 5/7.5 (2006); 35 Ill. Adm. Code 101.302(e)(3).
    Interstate Oil attached to the petition an Agency letter of October 24, 2007, stating that
    “[t]his determination of fee amount constitutes final action by the Agency regarding your
    dispute.” Pet., Attachment 4. According to the petition, the Agency on November 20, 2007,
    “granted Petitioner’s request to extend the time available to Petitioner for appeal,” so that
    settlement could be pursued. Pet. at 3. However, continues Interstate Oil, the Agency “issued its
    second ‘final action’ denying Petitioner’s protest on December 12, 2007.”
    Id
    .
    On January 10, 2008, the Board found that the petition as filed was deficient.
    Specifically, the Board stated:
    Any appeal of a final Agency determination must be filed within 35 days after
    service. The appeal period may be extended only by Board order if a joint request
    for extension is filed with the Board within the original 35-day period.
    See
    415
    ILCS 5/40(a)(1) (2006); 35 Ill. Adm. Code 105.206(a), (c), 105.208(a). If a
    petition is not timely filed, the Board lacks jurisdiction to hear the appeal.
    See
    ,
    e.g.
    , Illinois Ayers Oil Co. v. IEPA
    , PCB 05-48 (Mar. 17, 2005) (“The Board has
    consistently held that the Board cannot and does not accept petitions for review
    filed outside the statutory time deadline.”). In addition, a petition for review must
    attach the final Agency determination being appealed and state when the
    determination was served on petitioner.
    See
    35 Ill. Adm. Code 105.210(a), (b).
    2
    Here, the Board did not receive a request from the Agency and Interstate Oil to
    extend the 35-day period for appealing the Agency’s October 24, 2007 final
    determination. Accordingly, any appeal of that determination was due 35 days
    after Interstate Oil was served with the determination. . . . The Board directs
    Interstate Oil to file an amended petition by February 13, 2008, curing these
    informational deficiencies. Failure to do so will subject this appeal to dismissal.
    See
    35 Ill. Adm. Code 105.108.
    On February 11, 2008, the Board received the amended petition (Am.Pet). Interstate Oil
    attached the October 24, 2007 denial letter from the Agency as well as several emails that
    included a December 12, 2007 email.
    See
    Am.Pet. Attachments 3, 4, and 5. Interstate Oil
    asserts that the December 12, 2007 email is the Agency’s final decision and thus the December
    17, 2007 petition for review was timely. Am.Pet. at 5-6. The Board disagrees. As stated
    previously, the appeal deadline may only be extended by order of the Board.
    See
    415 ILCS
    5/40(a)(1) (2006); 35 Ill. Adm. Code 105.206(a), (c), 105.208(a). In this case, the Board
    received no joint request and therefore any appeal was due 35 days from October 24, 2007.
    Therefore, the petition for review is not timely and the Board dismisses the petition and closes
    the docket.
    See
    ,
    e.g.
    , Illinois Ayers Oil Co. v. IEPA, PCB 05-48 (Mar. 17, 2005).
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on February 21, 2008, by a vote of 4-0.
    ____________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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