ILLINOIS POLLUTION CONTROL BOARD
    September 21, 2000
    SPARTA AIRPORT AUTHORITY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 01-10
    (UST - FRD)
    ORDER OF THE BOARD (by N.J. Melas):
    On July 19, 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 1800 North
    Main Street, Sparta, Randolph County, Illinois. By its order of July 27, 2000, the Board granted the extension “until
    September 10, 2000, pursuant to section 40(a)(1) of the Environmental Protection Act (Act) [(415 ILCS 5/40(a)(1)
    (1998))].”
    On September 12, 2000, the Clerk received the petitioner’s filing. The certificate of service states that the
    petition was mailed on September 8, 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 two days before the end of the extension period specified in the Board’s July 27, 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 January 10, 2001
    (120 days from September 12, 2000); the Board meeting immediately preceding the decision deadline is scheduled for
    January 4, 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 September 2000 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top