ILLINOIS POLLUTION CONTROL BOARD
    August
    3,
    1995
    SOUTHERN FOOD PARX,
    INC.,
    )
    (CARTERVILLE/HAN-DEE
    MART
    #35),
    )
    )
    Petitioner,
    v.
    )
    PCB 96—15
    )
    (UST Fund Ninety-Day
    )
    Extension)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by C.A. Manning):
    On July 26,
    1995,
    Southern Food Park,
    Inc.,
    (Southern)
    filed
    a notice of extension of the 35—day appeal period pursuant to
    Section 40 of the Act, relating to a June 19,
    1995 Illinois
    Environmental Protection Agency (Agency) UST determination.
    On
    August 1,
    1995, the Agency filed its agreement to the extension.
    P.A. 88—690
    (SB1724)
    effective January 24,
    1995, amends
    Section 40(c), which governs the appeal process, to provide:
    the 35-day period for petitioning for a hearing may be
    extended for a period of time not to exceed 90 days by
    written notice provided to the Board from the applicant
    and the Agency within the initial appeal period.
    Accordingly, any complete notice was due to be filed or
    postmarked no later than July 24,
    1995.
    (See 35 Adm. Code
    101.102(d)
    and 101.109.) Although Southern’s Notice was
    postmarked July 21,
    1995,
    the Agency’s agreement was not
    postmarked until July 28,
    1995 and therefore under amended
    Section 40(c),
    both parties did not file “within the initial
    appeal period.”
    Because the
    statutory conditions for the
    extension have not been met, the Board cannot grant a 90—day
    extension of the time in which to file a appeal pursuant to
    Section 40(c).
    The Board can however, accept Southern’s notice of extension
    as a petition for review so that Southern will not lose its right
    to file a appeal as result of the
    Agency’s late—filed notice of
    extension.
    Southern’s notice,
    of course, does not consitute a
    proper petition for review of an Agency UST final determination;
    Southern could not have anticipated that its notice would be
    treated as a appeal.
    In that the Agency’s notice was received,
    albeit
    late,
    it is clear the Agency intended that the extension
    2
    would be granted; therefore, we will allow 90 days from the date
    the notice was due,
    or from July 24,
    1995,
    for Southern to file
    an amended petition for review.
    If the amended petition is not
    filed on or before October 22,
    1995,
    this matter will be
    dismissed.
    The 120 statutory period in which the Board must
    render a final decision will begin running as of the date of the
    filing of the amended petition.
    Additionally,
    a $75.00 filing
    fee will be required at such time as
    Southern files the amended
    petition.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control.
    Board, hereJ~ycertify that the above order was adopted on the
    ____
    day of
    __________________
    ,
    1995,
    by a vote of
    .5~-’
    ~
    A1
    Dorothy M. 9~nn,Clerk
    Illinois P~’jution Control Board

    Back to top