ILLINOIS POLLUTION CONTROL BOARD
January 8, 2004
ILLINOIS STATE TOLL HIGHWAY
AUTHORITY (Des Plaines South),
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB
04-103
(UST
Appeal)
(90-Day
Extension)
ORDER OF THE BOARD (by J.P. Novak):
On December 26, 2003, the parties timely filed a joint notice to extend the 35-day period
within which the Illinois State Toll Highway Authority may appeal a November 18, 2003
determination of the Illinois Environmental Protection Agency (Agency).
See
415 ILCS
5/40(a)(1) (2002); 35 Ill. Adm. Code 105.402, 105.406. Because the postmark date of the joint
request is within the time for filing, the joint request was timely filed. 35 Ill. Adm. Code
101.300(b)(2), 105.404. The Agency approved petitioner’s high priority corrective action plan,
with modifications, with modifications, for the Illinois State Toll Highway Authority’s leaking
underground petroleum storage tank facility located at mile post 4.5 on the east bound Northwest
Tollway, Des Plaines, Cook County. The Board extends the appeal period until March 24, 2004,
which is the 125th day after the Agency determination.
See
415 ILCS 5/40(a)(1) (2002); 35 Ill.
Adm. Code 105.406. If the Illinois State Toll Highway Authority fails to file an appeal on or
before the March 24, 2004 date, the Board will dismiss this case and close the docket.
In so doing, the Board notes that the parties had requested an extension until April 26,
2004, which is the 160th day after November 18, 2003. In extending the appeal period through
March 24, 2004, the Board has granted the maximum extension allowed under the
Environmental Protection Act.
See
415 ILCS 5/40(a)(1) (2002).
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on January 8, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board