ILLINOIS POLLUTION CONTROL BOARD
    December 4, 2008
    S & D REALTY, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 09-33
    (UST Appeal)
    (90-Day Extension)
    ORDER OF THE BOARD (by G.T. Girard):
    On November 18, 2008, the parties timely filed a joint request to extend the 35-day
    period within which S & D Realty, Inc. (S & D) may appeal an October 10, 2008 determination
    of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS 5/40(a)(1) (2006); 35
    Ill. Adm. Code 101.300(b)(2) (deemed filed on U.S. Mail postmark date), 105.406. The
    Agency’s determination concerns a leaking petroleum underground storage tank (UST) site
    located at 3935 South Archer Avenue in Chicago, Cook County. The Agency partially denied S
    & D’s request for reimbursement of costs from the UST Fund.
    The Board extends the appeal period until February 16, 2009, as the parties request.
    See
    415 ILCS 5/40(a)(1) (2006); 35 Ill. Adm. Code 105.406. If S & D 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, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on December 4, 2008, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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