ILLINOIS POLLUTION CONTROL BOARD
    June 5, 1997
    GIBSON SERVICE STATION,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 97-198
    (UST - Appeal
    90-Day Extension)
    ORDER OF THE BOARD (by C.A. Manning):
    On April 3, 1997 the Illinois Environmental Protection Agency (Agency) issued a final
    decision, denying Gibson Service Station’s (petitioner) physical soil and classification and
    groundwater plan (plan) under the Leaking Underground Storage Tank Program (see 415 ILCS
    5/57.7 (Supp. 1997)). Attached to the decision was a document containing the stated reasons
    for the denial.
    An appeal contesting the validity of the Agency’s determination could have been
    brought to the Board within 35 days after the Agency’s final determination. (See 415 ILCS
    5/57.7(c)(4)(D) (Supp. 1997); 415 ILCS 415 ILCS 5/40(a)(1) (Supp. 1997); 35 Ill. Adm.
    Code 732.502(f).) The 35-day appeal period could have, however, been 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.” (415 ILCS 5/40(a)(1) (Supp.
    1997).) Thus, any complete notice was due to be filed with the Board or postmarked no later
    than May 8, 1997, 35 days after the Agency’s final determination.
    By a letter dated May 3, 1997 petitioner requested that the Agency grant a 90-day
    extension of the 35-day appeal period. A copy of this letter was received by the Board on
    May 9, 1997. The Agency subsequently denied the request for an extension by letter dated
    May 12, 1997, as amended by a letter dated May 15, 1997. These letters were received by the
    Board on May 13,1997 and May 15, 1997 respectively. The ground for the denial of the
    extension was that the request was not timely filed with the Agency.
    Because the Agency did not concur in the request for an extension, the statutory
    conditions for the extension have not been met. Accordingly, the Board cannot grant a 90-day
    extension of the 35-day appeal period in which to file an appeal pursuant to Section 40(a)(1).
    The Board can, however, construe petitioner’s letter requesting an extension of the 35-day
    time period as a petition for review so that petitioner will not lose its right to file an appeal of
    the Agency’s determination. (See,
    e.g.
    , Southern Food Park, Inc. v. Illinois Environmental
    Protection Agency (August 3, 1995), PCB 96-15, slip op. at 1; Alloy Casting & Engineering
    2
    Co. v. Illinois Environmental Protection Agency (August 3, 1995), PCB 96-8, slip op. at 1;
    Stone Container Corp. v. Illinois Environmental Protection Agency (August 3, 1995), PCB
    96-4, slip op. at 1.) Moreover, the Board believes that this is an appropriate course of action
    because attached to the letter was the Agency’s letter denying the plan and a document
    containing the stated reasons for the Agency’s denial.
    Petitioner’s request, construed as a petition for review, however, does not identify
    when it was sent to the Board, nor is it sufficient under the Board’s rules (see 35 Ill. Adm.
    Code 101.103, 105.102(a)). The Board will therefore give petitioner ten days to file an
    amended petition for review and proof of when the request was sent to the Board. If the
    petitioner does not file an amended petition for review within this time period, or if no proof
    of service is provided or the proof of service indicates that the request for extension was
    untimely, this matter will be dismissed, and the docket closed.
    The 120-day 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 filing fee will
    be required at such time as petitioner files the amended petition (see 35 Ill. Adm. Code
    101.120(b)(3)).
    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 5th day of June 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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