ILLINOIS POLLUTION CONTROL BOARD
    December 2, 2004
     
    APS PROPERTIES,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB
    05-94
    (UST
    Appeal)
    (90-Day
    Extension)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On November 16, 2004, the parties timely filed a joint notice to extend the 35-day period
    within which APS Properties may appeal an October 6, 2004 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 rejected
    petitioner’s high priority corrective action completion report for APS Properties’ leaking
    underground petroleum storage tank facility located at 3055 North Brett Avenue, Decatur,
    Macon County.
     
    The Board extends the appeal period until February 9, 2005, as the parties request.
    See
     
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.406. If APS Properties 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 December 2, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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