ILLINOIS POLLUTION CONTROL BOARD
    July 10, 1997
    GIBSON SERVICE STATION,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 97-198
    (UST - Appeal)
    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 416 ILCS
    5/57.7 (1996)). 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) (1996); 415 ILCS 5/40(a)(1) (1996); 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) (1996). 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 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. 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 Board entered
    an order on June 5, 1997, stating that the statutory conditions for the extension had not been
    met. See Gibson Service Station v. IEPA (June 5, 1997), PCB 97-198, slip op. at 1.
    Accordingly, the Board could not grant a 90-day extension of the 35-day appeal period in
    which to file an appeal pursuant to Section 40(a)(1) of the Environmental Protection Act. 415
    ILCS 5/40(a)(1) (1996). The Board did, however, construe petitioner’s letter requesting an
    extension of the 35-day time period as a petition for review so that petitioner would not lose its
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    right to file an appeal of the Agency’s determination. Gibson ( June 5, 1997), PCB 97-198,
    slip op. at 1. The Board gave petitioner 10 days to file an amended petition. The Board
    further stated that if no amended petition was filed within this timeframe that the matter would
    be dismissed and the docket closed.
    To date, petitioner has not filed an amended petition or any other filing with the Board
    within 10 days of the Board’s June 5, 1997, order. Therefore, the Board dismisses this matter
    and closes the docket.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 145 Ill. 2d
    R. 335; 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 10
    th
    day of July 1997, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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