ILLINOIS POLLUTION CONTROL BOARD
    January 24, 2002
     
    MIDWEST ILLINOIS AUTO/TRUCK
    PLAZA, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    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 a Linking Underground Storage Tank Incident 913653
    located at Route 127 and I-70 in Greenville, Bond County.
     
    Section 40(a)(1) provides that the parties must file the notice of extension “within the
    initial appeal period.” Based on the materials before it, the Board cannot determine whether this
    filing is timely. While the Agency issued its determination on December 10, 2001, the filing
    does not specify the date on which Midwest was served with the determination. If the service
    date was December 10, 2001, then the deadline for filing the request for a 90-day extension of
    the appeal period expired on January 14, 2002. The parties’ request is dated January 16, 2002.
     
    The Board grants the parties an additional 14 days to clarify the date of service on
    Midwest of the Agency determination dated December 10, 2001.
     
    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 24, 2002, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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