ILLINOIS POLLUTION CONTROL BOARD
    February 21, 2002
     
    MIDWEST ILLINOIS AUTO/TRUCK
    PLAZA, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
     
          
    PCB 02-97
    (UST Appeal)
    (90-Day Extension)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On January 18, 2002, the parties filed a joint notice to extend the 35-day period within
    which Midwest Illinois Auto/Truck Plaza Inc. (Midwest) may appeal a December 10, 2001
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2000); 35 Ill. Adm. Code 105.206(c), 105.208(a), (c). The Agency denied certain
    costs for corrective action regarding Leaking Underground Storage Tank Incident 913653
    located at Route 127 and I-70 in Greenville, Bond County.
     
    At its January 24, 2002 meeting, the Board issued an order granting the parties an
    additional 14 days to clarify the date of service on Midwest to determine if the parties’ request
    was timely filed. On February 11, 2002, the parties filed a supplement to the request with proof
    that the Agency determination was served on Midwest on December 12, 2001. With application
    of the mailbox rule, the Board finds that the request for an extension of the appeal period was
    timely filed.
     
    The Board extends the appeal period until April 16, 2002, as the parties request.
    See
    415
    ILCS 5/40(a)(1) (2000); 35 Ill. Adm. Code 105.208(a). If Midwest fails to file an appeal on or
    before that date, the Board will dismiss this case and close the docket.
     
    IT IS SO ORDERED.
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on February 21, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

    Back to top