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

    Back to top