ILLINOIS POLLUTION CONTROL BOARD
June 18, 2009
2001 OIL COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 09-123
(UST Appeal)
ORDER OF THE BOARD (by G.T. Girard):
On June 9, 2009, the Board received a petition from 2001 Oil Company (2001 Oil)
asking the Board to review an April 29, 2009 determination of the Illinois Environmental
Protection Agency (Agency).
See
415 ILCS 5/40(a)(1) (2006); 35 Ill. Adm. Code 105.402. In
the determination, the Agency partially denied 2001 Oil’s request for reimbursement from the
Underground Storage Tank (UST) Fund concerning a leaking UST site located at 8001 West
Golf Road in Niles, Cook County. For the reasons below, the Board accepts the 2001 Oil’s
petition as timely filed, but finds that the petition has deficiencies that must be remedied before
this appeal can go forward.
The Board’s procedural rules require that a petition contain, among other things, a
“statement specifying the date of service of the Agency’s final decision” and a “statement
specifying the grounds of appeal.” 35 Ill. Adm. Code 105.408(b), (c). 2001 Oil’s petition lacks
these statements. However, attached to the petition is a May 28, 2009 letter from the Agency
indicating that 2001 Oil received the Agency’s determination on May 4, 2009. Based on a May
4, 2009 date of service, the petition is considered timely filed because it was postmarked on or
before the filing deadline of June 8, 2009.
See
415 ILCS 5/40(a)(1) (2006); 35 Ill. Adm. Code
101.300(b)(2) (“mailbox rule”).
In addition, it is unclear whether 2001 Oil’s petition was filed by an attorney. 2001 Oil’s
petition was signed by Michael Eiserman, owner of 2001 Oil. In an adjudicatory proceeding
before the Board, like this UST appeal, anyone other than an individual must be represented by
an attorney licensed and registered to practice law.
See
35 Ill. Adm. Code 101.400(a)(2).
The Board accepts the petition as timely filed, but directs 2001 Oil to file, by July 20,
2009, an amended petition accompanied by the appearance of an attorney.
See
35 Ill. Adm.
Code 101.400(a)(4). Failure to do so will subject this appeal to dismissal. The amended petition
must verify the date of service of the Agency’s determination and specify 2001 Oil’s grounds of
appeal. Upon the timely filing of an amended petition, the Board’s statutory 120-day period for
deciding this appeal will recommence.
See
35 Ill. Adm. Code 105.114(b).
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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 18, 2009, by a vote of 5-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
