ILLINOIS POLLUTION CONTROL BOARD
December 2, 2004
APS PROPERTIES,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB
05-94
(UST
Appeal)
(90-Day
Extension)
ORDER OF THE BOARD (by J.P. Novak):
On November 16, 2004, the parties timely filed a joint notice to extend the 35-day period
within which APS Properties may appeal an October 6, 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 rejected
petitioner’s high priority corrective action completion report for APS Properties’ leaking
underground petroleum storage tank facility located at 3055 North Brett Avenue, Decatur,
Macon County.
The Board extends the appeal period until February 9, 2005, as the parties request.
See
415 ILCS 5/40(a)(1) (2002); 35 Ill. Adm. Code 105.406. If APS Properties 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 December 2, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board