ILLINOIS POLLUTION CONTROL BOARD
    January 6, 2005
     
    ILLINOIS AYERS OIL CO.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
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    PCB 05-48
    (UST Appeal)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On September 16, 2004, the Board, at the parties’ request, extended until December 1,
    2004, the time period within which Illinois Ayers Oil Co. (Ayers) 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 105.406. The Agency denied reimbursement for certain
    costs claimed for corrective action at a site located at 310 State Street, Beardstown, Cass County.
     
    On December 2, 2004, the Board received Ayers’ petition asking the Board to review the
    Agency’s determination. Ayers “sent to the Clerk” the filing “via FedEx” on December 1, 2004.
    The Board’s procedural rules provide that if documents are “filed in person or by messenger
    service or mail delivery service other than U.S. Mail, documents are considered filed when they
    are received by the Clerk.” 35 Ill. Adm. Code 101.300(b)(1). Therefore, the Ayers petition for
    appeal was filed on December 2, 2004 and is not timely filed. The Board lacks jurisdiction to
    consider appeals filed after the time specified in Section 40(a)(1) of the Environmental
    Protection Act (415 ILCS 5/40(a)(1) (2002)).
    See
    Wei Enterprises v. IEPA, PCB 04-23 (Dec. 4,
    2003). Because Ayers failed to timely file an appeal, the Board lacks jurisdiction. The Board
    dismisses this petition and closes 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 January 6, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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