ILLINOIS POLLUTION CONTROL BOARD
    March 4, 2004
     
    BRYANT AUTOMOTIVE,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB
    04-144
    (UST
    Appeal)
    (90-Day
    Extension)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On February 23, 2004, the parties timely filed a joint notice to extend the 35-day period
    within which Bryant Automotive may appeal a January 8, 2004 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 approved
    request for reimbursement from the Underground Storage Tank Fund, with modifications, for
    Bryant Automotive’s leaking underground petroleum storage tank facility located at 416
    Northwest Highway, Fox River Grove, McHenry County. The Board extends the appeal period
    until May 16, 2004. The parties requested a due date of May 17, 2004, but May 17, 2004(the
    126th day after petitioner’s January 12, 2004 receipt of the Agency determination) is beyond the
    maximum time extension allowed by
    the Environmental Protection Act.
    See
    415 ILCS
    5/40(a)(1) (2002); 35 Ill. Adm. Code 105.406. If Bryant Automotive 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 March 4, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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