ILLINOIS POLLUTION CONTROL BOARD

July 23, 2009

CITY OF CHICAGO DEPARTMENT OF

GENERAL SERVICES,

Petitioner,

v.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

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PCB 10-02

(UST Appeal)

(90-day Extension)

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

On July 2, 2009, the parties timely filed a joint notice to extend the 35-day period for

City of Chicago Department of General Services (City) to appeal a June 2, 2009 determination of

the Illinois Environmental Protection Agency (Agency).

See

415 ILCS 5/40(a)(1) (2008); 35 Ill.

Adm. Code 101.300(b), 105.406. The determination concerns the City’s leaking underground

storage tank (UST) site at 1501 West Pershing Road in Chicago, Cook County. In the

determination, the Agency rejected the City’s February 2, 2009 Site Investigation Completion

Report. According to the joint notice, the City received the Agency determination on June 4,

2009. Therefore, absent an extension, the deadline to file an appeal is July 9, 2009, which is the

35th day after the City received the Agency determination.

See

35 Ill. Adm. Code 105.404.

The Board extends the appeal period until October 7, 2009, as the parties request. 415

ILCS 5/40(a)(1) (2008);

See

35 Ill. Adm. Code 105.406. If the City 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 July 23, 2009, by a vote of 5-0.

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John Therriault, Assistant Clerk

Illinois Pollution Control Board