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