ILLINOIS POLLUTION CONTROL BOARD
    February
    8,
    1990
    THE JENNISON—WRIGHT CORP.,
    Petitioner,
    v.
    )
    PCB 89—189
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by
    B.
    Forcade):
    On December
    4,
    1989,
    the Illinois Environmental Protection
    Agency
    (“Agency”)
    filed a motion
    for dismissal of permit appeal
    on the basis that the appeal was not timely filed pursuant
    to
    35
    Ill.
    Adm.
    Code l05.102(a)(2).
    On December 14,
    1989, Jennison—
    Wright Corporation (“Jennison—Wright”)
    filed a stipulated motion
    for extension of time
    in which to respond to respondent’s motion
    to dismiss.
    The Board granted the motion
    ~or extension of time
    to respond at
    its December
    20,
    1989 Board meeting.
    On December
    28,
    1989, Jennison—Wright filed
    its brief
    in
    opposition
    to respondent’s motion for dismissal of permit
    appeal.
    The brief states that during the permitted time for
    filing an appeal, Jennison—Wright filed
    a voluntary petition for
    reorganization under Chapter 11 of the Bankruptcy Code.
    Under
    Section 108 of
    the Bankruptcy Code the period
    for filing such
    appeal extends to
    60 days after
    the filing of the Bankruptcy
    Petition.
    11 U.S.C.
    §108.
    On February
    5,
    1990,
    the Agency filed
    its response agreeing with the position stated in petitioner’s
    brief
    in opposition
    to respondent’s motion
    for dismissal
    of
    permit appeal.
    Based on the information before the Board,
    the
    Agency’s motion to dismiss
    is denied.
    IT
    IS SO ORDERED
    I,
    Dorothy
    M. Gunn,
    Clerk of
    the Illinois Pollution Control
    Board, hereby certify that
    the above Order was adopted on
    the
    ~
    day of
    ____________________
    ,
    1989,
    by a vote
    of
    7-c
    A
    /
    /
    Dorothy
    M. Gunn, Clerk
    Illinois Pollution Control Board
    108—61

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