ILLINOIS POLLUTION CONTROL BOARD
September 3, 2009
MERTZ MOTOR CO.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 09-109
(UST Appeal)
ORDER OF THE BOARD (by G. T. Girard):
On May 21, 2009, at the parties’ request, the Board extended until August 21, 2009, the
time period for Mertz Motor Company (Mertz) to appeal an April 16, 2009, determination of the
Illinois Environmental Protection Agency (Agency).
See
415 ILCS 5/40(a)(1) (2006); 35 Ill.
Adm. Code 105.406. The determination concerns Mertz’s underground storage tank (UST) site
at 4 East Washington, Millstadt, Illinois 62260, in Saint Clair County. The Agency issued a
voucher to Mertz for $36,325.50, in response to Mertz’s application for $434, 045.50 in payment
from the Underground Storage Tank Fund for the above-referenced Leaking UST incident.
Pursuant to 35 Ill. Adm. Code 734.630(c), the Agency denied approval for $397,720.00 in
requested remediation and disposal costs and demolition costs, finding the costs ineligible for
payment from the Fund due to a lack of supporting documentation in Mertz’s application
regarding Mertz’s UST site. Because Mertz failed to timely file an appeal, the Board dismisses
this case and closes the docket.
IT IS SO ORDERED.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on September 3, 2009, by a vote of 4-0.
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John Therriault, Assistant Clerk
Illinois Pollution Control Board
