ILLINOIS POLLUTION CONTROL BOARD
    September 4, 2003
     
    ANDY’S DRIVE-IN,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 04-21
    (UST Appeal)
    (90-Day Extension)
     
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On August 27, 2003, the parties timely filed a joint notice to extend the 35-day period
    within which Andy’s Drive-In may appeal a July 16, 2003 determination of the Illinois
    Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code
    105.402, 105.406. Because the postmark date of the joint request is within the time for filing, the
    joint request was timely filed. 35 Ill. Adm. Code 101.300(b)(2), 105.404. At issue is the
    Agency’s rejection of the corrective action plan for Andy’s Drive-In’s leaking underground
    petroleum storage tank facility located at 2308 Sycamore St., Cairo, Alexander County. The
    Board extends the appeal period until November 18, 2003, as the parties request.
    See
    415 ILCS
    5/40(a)(1) (2002); 35 Ill. Adm. Code 105.406. If Andy’s Drive-In fails to file an appeal on or
    before that date, the Board will dismiss this case and close the docket.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on September 4, 2003, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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