ILLINOIS POLLUTION CONTROL BOARD
March 6, 2003
BRUNNER BROTHERS,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 03-127
(UST Appeal)
(90-Day Extension)
ORDER OF THE BOARD (by T.E. Johnson):
On February 20, 2003, the parties placed in the U.S. mail a joint request to extend the 35-
day period within which Brunner Brothers (Brunner) may appeal a January 15, 2003
determination of the Illinois Environmental Protection Agency (Agency).
See
415 ILCS
5/40(a)(1) (2002); 35 Ill. Adm. Code 105.206(c), 105.208(a), (c). The Agency served Brunner
with its January 15, 2003 determination on January 16, 2003. The Board received the parties’
joint request on February 21, 2003. Because the postmark date of the request is within the
deadline period starting from the date of service of the Agency’s determination, the joint request
was timely filed.
See
101.300(b)(2); 35 Ill. Adm. Code 105.206(c). The Agency denied the
proposed budget amendment to a high priority corrective action budget regarding Brunner’s
leaking underground storage tank site at 300 East Pearl Street in Tremont, Tazewell County.
The Board extends the appeal period until May 21, 2003.
See
415 ILCS 5/40(a)(1) (2002); 35
Ill. Adm. Code 105.208(a). If Brunner 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 March 6, 2003, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board