ILLINOIS POLLUTION CONTROL BOARD

June 18, 2009

OSCO/HENRY SERVICE COMPANY,

Petitioner,

v.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

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PCB 09-122

(UST Appeal)

(90-day Extension)

ORDER OF THE BOARD (by G.T. Girard):

On June 8, 2009, the parties timely filed a joint notice to extend the 35-day period for

Osco/Henry Service Company (Henry) to appeal a May 12, 2009 determination of the Illinois

Environmental Protection Agency (Agency).

See

415 ILCS 5/40(a)(1) (2006); 35 Ill. Adm. Code

101.300(b), 105.406. The determination concerns Henry’s leaking underground storage tank

(UST) site at East Main Street in Osco, Henry County. In the determination, the Agency denied

$282,083.57 in requested reimbursement from the UST Fund. According to the joint notice,

Henry received the Agency determination on May 14, 2009. Therefore, absent an extension, the

deadline to file an appeal is June 18, 2009, which is the 35th day after Henry received the

Agency determination.

See

35 Ill. Adm. Code 105.404.

The Board extends the appeal period until September 16, 2009, as the parties request.

415 ILCS 5/40(a)(1) (2006);

See

35 Ill. Adm. Code 105.406. If Henry 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 June 18, 2009, by a vote of 5-0.

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John Therriault, Assistant Clerk

Illinois Pollution Control Board