ILLINOIS POLLUTION CONTROL BOARD
    December 21, 2000
    JASPER COUNTY HIGHWAY
    DEPARTMENT,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 01-67
    (UST - FRD)
    ORDER OF THE BOARD (by S.T. Lawton, Jr.):
    On October 18, 2000, the parties filed a joint request for an extension of the 35-day
    appeal period of an Illinois Environmental Protection Agency determination regarding
    petitioner’s application for reimbursement for a portion of the underground storage tank
    remediation expenses which petitioner incurred for its facility located at East Route 33,
    Newton, Jasper County, Illinois. By its order of November 2, 2000, the Board granted the
    extension “until December 10, 2000, pursuant to section 40(a)(1) of the Environmental
    Protection Act (Act) [(415 ILCS 5/40(a)(1) (1998))].”
    On December 11, 2000, the Clerk received the petitioner’s filing. The certificate of
    service states that the petition was mailed on December 7, 2000. The mailbox rule provides
    that if the Clerk receives any filing “after any due date, the time of mailing shall be deemed
    the time of filing.” 35 Ill. Adm. Code 101.102(d). Since the petition was mailed three days
    before the end of the extension period specified in the Board’s November 2, 2000 order, the
    Board accepts this matter for hearing.
    The Board’s rules require that the Agency file the entire Agency record of the
    corrective action plan within 14 days of notice of the petition. See 35 Ill. Adm. Code 105.102.
    Hearing must be scheduled and completed in a timely manner, pursuant to the applicable
    statutory decision deadline, or the deadline as extended by waiver. See 35 Ill. Adm. Code.
    101.105.
    Absent any future waivers of the decision deadline, the statutory decision deadline is
    now April 10, 2001 (120 days from December 11, 2000); the Board meeting immediately
    preceding the decision deadline is scheduled for April 10, 2001.
    IT IS SO ORDERED.
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 21st day of December 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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