ILLINOIS POLLUTION CONTROL BOARD
June 4, 2009
PEACOCK OIL COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 09-114
(UST Appeal)
ORDER OF THE BOARD (by G.T. Girard):
On May 27, 2009, Peacock Oil Company (Peacock) filed a petition asking the Board to
review a determination by the Illinois Environmental Protection Agency (Agency).
See
415 ILCS
5/40(a)(1) (2006); 35 Ill. Adm. Code 101.300(b), 105.402. The Agency’s determination concerns
Peacock’s High Priority Corrective Action Completion Report (report) regarding an underground
storage tank site located at 6900 North Mannheim Road, Rosemont, Cook County.
The Board accepts this matter as timely filed, pursuant to 35 Ill. Adm. Code 105.404.
However, the Board finds that Peacock’s petition is deficient and may be untimely. Section 105.210
of the Board’s procedural rules provides that a petition to appeal an Agency decision concerning a
leaking underground storage tank must contain,
inter alia
, a statement specifying the date of service
of the Agency's final decision and a statement specifying the grounds of appeal.
See
35 Ill. Adm.
Code 105.210(b), (c). The petition does not state when the Agency’s determination was received
and, based on the date of the Agency’s letter, the appeal may be untimely. In addition, Peacock’s
petition fails to specify the grounds for appeal. Peacock is hereby given 30 days to correct the
deficiencies as set forth in this order. Peacock must file an amended petition on or before July 6,
2009. If an amended petition correcting the deficiencies is not timely filed, this petition will be
dismissed. The filing of an amended petition will restart the Board's decision deadline.
See
35 Ill.
Adm. Code 105.114(b).
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 June 4, 2009, by a vote of 5-0.
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John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
