ILLINOIS POLLUTION CONTROL BOARD
    June 17, 1998
    JAKE SEABURY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 98-147
    (UST - Appeal)
    ORDER OF THE BOARD (by C.A. Manning):
    On March 17, 1998, the Illinois Environmental Protection Agency (Agency) issued a
    final decision, denying Jake Seabury’s (petitioner) request for reimbursement from the
    Underground Storage Tank Fund. By letter dated April 21, 1998, petitioner requested that the
    Agency grant a 90-day extension of the 35-day appeal period. A copy of this letter was
    received by the Board on April 23, 1998. The Agency subsequently denied the request for an
    extension by letter dated April 30, 1998, and received by the Board on June 4, 1998. The
    grounds for the denial of the extension was that the request, received by the Agency on April
    23, 1998, was not timely.
    Because the Agency did not concur in the request for an extension, the statutory
    conditions for the extension have not been met. Accordingly, the Board cannot grant a 90-day
    extension of the 35-day appeal period in which to file an appeal pursuant to Section 40(a)(1).
    The Board can, however, construe petitioner’s letter requesting an extension of the 35-day
    time period as a petition for review so that petitioner will not lose its right to file an appeal of
    the Agency’s determination.
    1
    See,
    e.g.
    , North Shore Sanitary District v, Illinois
    Environmental Protection Agency (May 7, 1998), PCB 98-149, slip op. at 1; Gibson Service
    Station v, Illinois Environmental Protection Agency (June 5, 1997), PCB 97-198, slip op. at
    1; Southern Food Park, Inc. v. Illinois Environmental Protection Agency (August 3, 1995),
    PCB 96-15, slip op. at 1; Alloy Casting & Engineering Co. v. Illinois Environmental
    Protection Agency (August 3, 1995), PCB 96-8, slip op. at 1; Stone Container Corp. v.
    Illinois Environmental Protection Agency (August 3, 1995), PCB 96-4, slip op. at 1.
    1
    An appeal contesting the validity of the Agency’s determination could have been brought to
    the Board within 35 days after the Agency’s final determination. See 415 ILCS
    5/57.7(c)(4)(D) (1996); 415 ILCS 415 ILCS 5/40(a)(1) (1996); 35 Ill. Adm. Code 732.502(f).
    The 35-day appeal period could have, however, been extended “for a period of time not to
    exceed 90 days by written notice provided to the Board from the applicant and the Agency
    within the initial appeal period.” 415 ILCS 5/40(a)(1) (1996). Thus, any complete notice was
    due to be filed with the Board or postmarked no later than April 21, 1998, 35 days after the
    Agency’s final determination. Petitioner’s request was postmarked on April 21, 1998.
    2
    Petitioner’s request, construed as a petition for review, however, does not identify
    when it was sent to the Board, nor is it sufficient under the Board’s rules (see 35 Ill. Adm.
    Code 101.103, 105.102(a)). Most importantly, the petition fails to attach a copy of the
    Agency determination petitioner wishes the Board to review. The Board therefore gives
    petitioner ten days to file an amended petition for review including a copy of the Agency’s
    determination. If the petitioner does not file an amended petition for review within this time
    period, including proof of service of the amended petition on the Agency, this matter will be
    dismissed, and the docket closed.
    The 120-day statutory period in which the Board must render a final decision will begin
    running as of the date of the filing of the amended petition. Additionally, a $75 filing fee will
    be required at such time as petitioner files the amended petition (see 35 Ill. Adm. Code
    101.120(b)(3)).
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 17th day of June 1998 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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