March 17, 2005ILLINOIS AYERS OIL CO.,Petitioner,v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,Respondent.
On December 2, 2004, the Board received Illinois Ayers’ petition asking the Board to
review the Agency’s determination.
2
STATUTORY AND REGULATORY BACKGROUNDSection 40(a)(1) of the Act provides in part:If the Agency refuses to grant or grants with conditions a permit under Section 39of this Act, the applicant may, within 35 days, petition for a hearing before theBoard to contest the decision of the Agency.
2d 392, 396; 523 N.E.2d 1
(1988).
Illinois Ayers emphasizes that Section 40(a)(1) of the Act states that the “applicant may,
wit...
Allowed
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