ILLINOIS POLLUTION CONTROL BOARD
January 26, 2007
SIEMENS ENEGY & AUTOMATION,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB 07-69
(UST Appeal)
(90-Day Extension)
ORDER OF THE BOARD (by G.T. Girard):
On January 22, 2007, the parties timely filed a joint notice to extend the 35-day period
within which Siemens Energy & Automation (Siemens) may appeal a December 14, 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
December 18, 2006, as the parties assert, the joint request was timely filed. 35 Ill. Adm. Code
101.300(b)(2), 105.404. The Agency approved, but with conditions and modifications, Siemens’
request to modify various previously-approved Site Remediation Program documents
(Comprehensive Site Investigation Report, Remediation Objective Report and Remediation
Action Plan). These documents concern Siemens’ leaking underground petroleum storage tank
facility located at 100 McKee Street, Batavia, Kane County.
The Board extends the appeal period until April19, 2007, as the parties request, based on
the December 18, 2006 receipt date.
See
415 ILCS 5/40(a)(1) (2004); 35 Ill. Adm. Code
105.406. If Siemens 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