ILLINOIS POLLUTION CONTROL BOARD
September 18, 1997
CHICAGO SUN TIMES, INC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 98-19
(Permit Appeal - Air)
ORDER OF THE BOARD (by C.A. Manning):
On July 18, 1997, Chicago Sun Times, Inc. (petitioner) filed a request for extension of
the 35-day appeal period pursuant to Section 40(a)(1) of the Environmental Protection Act
(Act) (415 ILCS 5/40(a)(1) (1996)), relating to a June 18, 1997 Illinois Environmental
Protection Agency (Agency) determination. On July 22, 1997, the Agency filed its
concurrence for extension of the 35-day appeal period.
By order of
July 24, 1997,
the Board reserved docket PCB 98-19 for any petition which
might be filed by petitioner in this matter. The order stated, “[i]n the event that petitioner
fails to file an appeal on or before
September 16, 1997 (the 90th day after June 18, 1997),
the
Board will dismiss the docket as unnecessary.”
On September 16, 1997, petitioner filed a letter stating that it had received its revised
permit on August 14, 1997, and that no permit appeal would be filed. Petitioner further requested
that the Board dismiss this matter.
Since no petition has been or will be filed, the Board dismisses this matter and closes
the docket.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 145 Ill. 2d
R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 18th day of September 1997, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
