ILLINOIS POLLUTION CONTROL BOARD
March 18, 2004
BIGGS BROTHERS SERVICE CENTER,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 04-159
(UST Appeal)
(90-Day Extension)
ORDER OF THE BOARD (by J.P. Novak):
On March 15, 2004, the parties timely filed a joint notice to extend the 35-day period
within which Biggs Brothers Service Center may appeal a February 4, 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 petitioner’s request for reimbursement from the UST Fund, with
modifications, for Biggs Brothers Service Center’s leaking underground petroleum storage tank
facility located at 2540 North Kingshighway, Fairmont City, St. Clair County. The Board
extends the appeal period until June 10, 2004, as the parties request.
See
415 ILCS 5/40(a)(1)
(2002); 35 Ill. Adm. Code 105.406. If Biggs Brothers Service Center 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 18, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board