ILLINOIS POLLUTION CONTROL BOARD
October 2, 2003
KRESSER MOTOR SERVICE, INC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 04-39
(UST Appeal)
(90-Day Extension)
ORDER OF THE BOARD (by T.E. Johnson):
On September 26, 2003, the parties timely filed a joint notice to extend the 35-day period
within which Kresser Motor Service, Inc. (Kresser) may appeal an August 19, 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 45-day report for Kresser’s
leaking underground petroleum storage tank facility located at 3072 North Illinois Route 71,
Ottawa, LaSalle County. The Board extends the appeal period until December 22, 2003, as the
parties request.
See
415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.406. If Kresser 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 October 2, 2003, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board