ILLINOIS POLLUTION CONTROL BOARD
    December 4, 2003
     
    WEI ENTERPRISES,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB
    04-22
    (UST
    Appeal)
     
      
     
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On September 4, 2003, the Board, at the parties’ request, extended until November 17,
    2003, the time period within which Wei Enterprises (Wei) may appeal a July 15, 2003
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2002); 35 Ill. Adm. Code 105.406. At issue is the Agency’s denied reimbursement of
    requested corrective action costs for Wei Enterprises’ leaking underground petroleum storage
    tank facility located at 529 Maple Street, Shiloh, St. Clair County.
     
    On November 18, 2003, Wei sent a petition and the requisite number of copies via the
    United States mail for filing and service. The Board received the petition on November 21,
    2003. The Board lacks jurisdiction to consider appeals filed after the time specified in Section
    40(a)(1) of the Act.
    See
    Naperville Radiator Services v. IEPA, PCB 01-4 (Sept. 7, 2000);
    Panhandle Eastern Pipe Line Compa
    ny v. IEPA, Ill. App. 3d, 2000 (4th Dist., June 5, 2000). The
    Board lacks jurisdiction in this matter because the appeal was filed after the end of the extension
    period specified in the Board's September 4, 2003 order. Accordingly, the Board dismisses this
    case and closes 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 December 4, 2003, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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