ILLINOIS POLLUTION CONTROL BOARD
January 8, 2004
DETREX CORPORATION,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB
04-104
(UST
Appeal)
(90-Day
Extension)
ORDER OF THE BOARD (by J.P. Novak):
On December 26, 2003, the parties timely filed a joint notice to extend the 35-day period
within which Detrex Corporation may appeal a November 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. The Agency rejected
modifications to petitioner’s RCRA corrective action plan for Detrex Corporation’s leaking
underground petroleum storage tank facility located at Melrose Park, Cook County. The Board
extends the appeal period until March 23, 2004, which is the 125th day after the Agency
determination.
See
415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.406. If Detrex
Corporation fails to file an appeal on or before the March 23, 2004 date, the Board will dismiss
this case and close the docket.
In so doing, the Board notes that the parties had requested an extension until April 27,
2004, which is the 160th day after November 19, 2003. In extending the appeal period through
March 24, 2004, the Board has granted the maximum extension allowed under the
Environmental Protection Act.
See
415 ILCS 5/40(a)(1) (2002).
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on January 8, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board