ILLINOIS POLLUTION CONTROL BOARD
September 16, 2004
ILLINOIS AYERS OIL COMPANY
(Ayerco #7),
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB
05-48
(UST
Appeal)
(90-Day
Extension)
ORDER OF THE BOARD (by J.P. Novak):
On September 3, 2004, the parties timely filed a joint notice to extend the 35-day period
within which Illinois Ayers Oil Company may appeal a July 28, 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 denied petitioner’s request for reimbursement of certain costs claimed for corrective
action for Illinois Ayers Oil Company’s leaking underground petroleum storage tank facility
located at 310 State Street, Beardstown, Cass County.
The Board extends the appeal period until December 1, 2004.
1
See
415 ILCS 5/40(a)(1)
(2002); 35 Ill. Adm. Code 105.406. If Illinois Ayers Oil Company 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 September 16, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
1
The parties’ request recited January 5, 2005. December 1, 2004 is the 125th day after July 29,
2004. The request for extension states that July 29, 2004 is the earliest date that Illinois Ayers
Oil Company could have received the Agency’s July 28, 2004 determination.