ILLINOIS POLLUTION CONTROL BOARD
August 6, 2009
STROUD REALTY GROUP
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondents.
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PCB 10-6
(Land)
ORDER OF THE BOARD (by G.T. Girard):
On July 16, 2009, the Board received a petition for review from Stroud Realty Group
(Stroud), signed by Donald Schroud. The filing indicates that Stroud is appealing a decision by
the Illinois Environmental Protection Agency (Agency) to charge Stroud $7,901.29 in “Personal
Services, Fringe Benefits and Indirect” costs. The date on the invoice is June 11, 2009. Stroud
also attached two letters dated August 15, 2008 and August 26, 2008, from the Agency relating
to a Freedom of Information Act (FOIA) (5 ILCS 140/1
et seq
. (2008) request. The letters are
addressed to Raymond Derbas, identified in the petition as Stroud’s engineer.
The Board declines to accept this petition because the Board lacks authority to review
Agency decisions with respect to FOIA requests. The Board is a creature of statute and has only
the authority granted to the Board by the statute (Granite City Div. of Nat. Steel Co. v. PCB, 155
Ill. 2d 149, 171, 613 N.E.2d 719, 729 (1993);
see also
Bevis v. PCB, 289 Ill. App. 3d 432, 437,
681 N.E.2d 1096, 1099 (5th Dist. 1997); McHenry County Landfill, Inc. v. IEPA, 154 Ill. App.
3d 89, 95, 506 N.E.2d 372, 376 (2nd Dist. 1987)). The Environmental Protection Act grants the
Board broad authority to review Agency decisions (
see e.g.
415 ILCS 5/5(d) (2008)); however
nothing in the Act gives the Board the authority to review the Agency’s decisions or costs
associated with FOIA requests. The petition states no other potential basis for the Board to hear
the appeal. Therefore, the Board declines to accept this petition and the docket is closed.
In addition the Board notes that another potential flaw in the petition, though not a fatal
flaw is that the petition does not indicate whether or not Donald Schroud is an attorney.
See
Petition of Maximum Investments, LLC for an Adjusted Standard From 35 Ill. Adm. Code
740.210(A)(3) for Stoney Creek Landfill in Palos Hills, Illinois, AS 09-2 (Dec, 18, 2008). The
Board’s rules require that any person other than an individual must appear through an attorney.
See
35 Ill. Adm. Code 101.400 (a).
IT IS SO ORDERED.
2
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2006);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on August 6, 2009, by a vote of 5-0.
_______________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
