ILLINOIS POLLUTION CONTROL BOARD
    January 26, 2007
    AUBURN REALTY COMPANY, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-54
    (UST Appeal)
    (90-Day Extension)
    ORDER OF THE BOARD (by G.T. Girard):
    On January 3, 2007, the parties timely filed a joint notice to extend the 35-day period
    within which Auburn Realty Company, Inc. (Auburn Realty) may appeal a November 16, 2006
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2004); 35 Ill. Adm. Code 105.402, 105.406. Because the postmark date of the joint
    request is within the time for filing based on the petitioner’s receipt of the determination on
    November 30, 2006 as the parties assert, the joint request was timely filed. 35 Ill. Adm. Code
    101.300(b)(2), 105.404. The Agency accepted petitioner’s corrective action plan for Auburn
    Realty’s leaking underground petroleum storage tank facility located at Highway 48 and 5th
    Street, Palmer, Christian County. But, the Agency modified the associated budget.
    The Board extends the appeal period until April 4, 2007, as the parties request, based on
    the November 30, 2006 receipt date.
    See
    415 ILCS 5/40(a)(1) (2004); 35 Ill. Adm. Code
    105.406. If Auburn Realty 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 January 26, 2007, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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