ILLINOIS POLLUTION CONTROL BOARD
    November 6, 2003
    PAUL PHELAN,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 04-71
    (UST Appeal)
    (90-Day Extension)
    ORDER OF THE BOARD (by T.E. Johnson):
    On October 21, 2003, the parties timely filed a joint notice to extend the 35-day period
    within which Paul Phelan may appeal a September 11, 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 approval of the high priority corrective action plan and high priority corrective action
    plan budget, with modifications, for Paul Phelan’s leaking underground petroleum storage tank
    facility located at 1008 North Main Street, Brighton, Macoupin County. The Board extends the
    appeal period until January 15, 2004, as the parties request.
    See
    415 ILCS 5/40(a)(1) (2002); 35
    Ill. Adm. Code 105.406. If Paul Phelan 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 November 6, 2003, by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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