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    October 19, 1995
    COSMOS REALTY,
    INC.,
    )
    )
    Petitioner,
    V.
    )
    PCB 96-74
    )
    (UST Appeal Ninety-
    )
    Day Extension)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by C.A. Manning):
    On October
    3,
    1995,
    Casinos Realty,
    Inc.
    (Cosmos)
    filed a
    notice of exten3ion of the 35-day appeal period purouant to
    Section 40 of the Act, relating to a September
    8,
    1995 Illinois
    Environmental Protection Agency
    (Agency) determination regarding
    Cosmos Site Classfication Plan.
    The Agency on October 13,
    1995
    filed its agreement to the extension.
    The Agency requested the
    extension “to December
    7,
    1995, or any other date not more than a
    total of 90 days from the date of the Agency’s final
    determination”.
    P.A. 88—690
    (SB1724) effeôtive January 24,
    1995, amends
    Section 40(c), which governs the underground storage tank appeal
    process,
    to provide:
    the 35-day period for petitioning for a hearing may be
    extended for a period of time not to exceed 90 days by
    written notice provided to the Board from the applicant
    and the Agency within the initial appeal period.
    In the first several orders concerning the 90-day extension,
    the Board agreed with the parties that the above-quoted language
    was somewhat ambiguous and acceded to an interpretation that the
    extension arguably allowed for a total of 125 days
    (35 days plus
    a 90-day extension.)
    (See C & S Recycling.
    Inc.,
    PCB 95-100
    (Orders of March 16, and April
    6)
    However, upon reconsideration
    and a second review of the legislative intent, the Board now
    agrees with the Agency’s current interpretation that an extension
    totaling only 90 days is more consistent with the legislative
    history of P.A. 88-690.
    (88th G.A., April 21, 1994,
    Senate Tr.
    at 227, “...~the bill
    provides a procedure for extending the
    period of time to challenge EPA permit decisions from thirty-five
    to ninety days.”
    (Remarks of Senator Mahar).)
    In this case and
    in the future, the Board will grant extensions allowing for
    appeal no later than 90 days from the date of the Agency final
    determination at issue.
    AC
    tflG
    ~oara maintainc
    ite
    ri.Lee
    ~y ~ocJ~etnunwor on.Ly, tne
    Board will reserve Docket PCB 96-74 for any appeal which may be
    filed by Cosmos.
    In the event that Cosmos fails to file an
    appeal on or before December 7,
    1995
    (the 90th day after
    September
    8,
    1995), the Board will dismiss the docket as
    unnecessary.
    A $75.00 filing fee will,
    of course,
    be required at
    such time as Cosmos files such petition.
    IT IS SO ORDERED.
    I,
    Dorothy M. Cunn,
    Clerk of the Illinoic Pollution Control.~.~
    Board, hereby~c~J.fythat the above order was adopted on the
    ii
    day of ___________________
    ,
    199~,by a vote of
    7~
    Dorothy M.
    9~1nn, Clark
    Illinois Pc~JLutionControl Board

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