ILLINOIS POLLUTION CONTROL BOARD
    September 21, 2000
    NAPERVILLE RADIATOR SERVICES,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 01-4
    (UST – FRD)
    ORDER OF THE BOARD (by C.A. Manning):
    This order vacates the September 7, 2000 order, which dismissed this matter for lack of jurisdiction.
    On July 7, 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 request
    for reimbursement of corrective action costs from the Illinois Underground Storage Tank Fund for
    its facility located at 833 North Washington Street, Naperville, DuPage County, Illinois. By its
    order of July 13, 2000, the Board granted the extension “until August 26, 2000, pursuant to section
    40(a)(1) of the Environmental Protection Act (Act) (415 ILCS 5/40(a)(1) (1998)).”
    On August 28, 2000, Naperville Radiator Services filed its petition. The certificate of service states that the
    petition was hand delivered, so that the “mailbox rule” of the Board’s procedural rules (35 Ill. Adm. Code
    101.102(d)) does not apply here. Under 35 Ill. Adm. Code 101.109 the computation of any period of time prescribed
    by this Chapter or the Act shall “run until the end of the last day, or the next business day if the last day is a
    Saturday, Sunday, or national or state legal holiday.” Because August 26, 2000 was a Saturday, the extension
    actually ran until the end of August 28, 2000. Therefore, Naperville Radiator Services’ August 28, 2000 filing was
    timely and 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 December 26,
    2000 (120 days from August 28, 2000); the Board meeting immediately preceding the decision deadline is scheduled
    for December 21, 2000.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above order was
    adopted on the 21st day of September 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    2
    Illinois Pollution Control Board

    Back to top