ILLINOIS POLLUTION CONTROL
BOARD
December 20,
1995
RALEIGH REALTY CORPORATION,
)
Petitioner,
)
v.
)
PCB 96—124
(UST—Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(J. Theodore Meyer):
This matter is before the Board on a December
6,
1995
petition for appeal filed by Raleigh Realty Corporation
(Raleigh).
Raleigh purports to challenge an August
4,
1995 final
determination letter from the Illinois Environmental Protection
Agency (Agency).
As indicated in the Agency’s letter, pursuant to Sections
57.8(i) and 40 of the Illinois Environmental Protection Act
(Act),
an underground storage tank owner or operator has 35 days
to appeal an Agency final determination.
Accordingly, Raleigh’s
appeal was to be filed on or before September 8,
1995 unless it
filed a request for a 90-day extension in which to file its
appeal,
as allowed by Section 40(a) (1)
of the Act.
Since the Board received neither an appeal nor a request for
a 90—day extension in which to file an appeal, we dismiss
Raleigh’s petition as untimely filed and close the docket
in this
matter.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act
(415 ILCS
5/41
(1992)) provides for the appeal of final Board orders within
35 days of the date of service of this order.
The Rule of the
Supreme Court of Illinois establish filing requirements.
(See
also
35 Ill. Adm. Code 101.246, Motions for Reconsideration.)
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby certify that the above order was adopted on the
•Y~-~day of
~
,
1995, by a vote
7
—C
Dorothy M.//Gunn
Illinois P,bllution Control Board