ILLINOIS POLLUTION CONTROL BOARD

August

3,

1995

STONE CONTAINER

)

CORPORATION,

)

Petitioner,

)

V.

)

PCB 96-4

(Permit Appeal-Air

)

Ninety-Day Extension)

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE

BOARD

(by C.A. Manning):

On July 10,

1995,

Stone Container Corporation (Stone

Container)

filed a notice of extension of the 35-day appeal

period pursuant to Section 40 of the Act, relating to a May 30,

1995 Illinois Environmental Protection Agency

(Agency)

determination regarding Stone Container supplemental permit

application.

The Agency on July 18,

1995 filed its agreement to

the extension dated July

14,

1995.

PA.

88-690

(SB1724) effective January 24,

1995, amends

Section 40.2(a), which governs the air permit 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.

Accordingly,

any complete notice was due to be filed or

postmarked no later than July 5,

1995

(July 4th, the actual 35th

day, being

a state holiday).

(See

35 Adm. Code 101.102(d)

and

101.109.) Although Stone Container’s Notice was postmarked July

5,

1995, the Agency’s agreement was not postmarked until July 14,

1995 and therefore under amended Section 40.2(a), both parties

did not file “within the initial appeal period.”

Because the

statutory conditions for the extension have not been met, the

Board cannot grant a 90-day extension of the time in which to

file a permit appeal pursuant to Section 40.2(a).

The Board can however, accept Stone Container’s notice of

extension as a petition for review so that Stone Container will

not lose its right to file a permit appeal as result of the

Agency’s late—filed notice of extension.

Stone Container’s

notice, of course, does not satisfy the Board’s petition content

requirements set forth in Section 105.102; Stone Container could

---

not have anticipated that its notice would be treated as a permit

appeal.

In that the Agency’s notice was received, albeit late,

it is clear the Agency intended that the extension would be

granted; therefore, we will allow 90 days from the date the

notice was due,

or from July 4,

1995,

for Stone Container to file

an amended petition for review.

If the amended petition is not

filed on or before October 4,

1995,

this matter will be

dismissed.

The 120 statutory period in which the Board must

render a final decision will begin running as of the date of the

filing of the amended petition.

Additionally,

a $75.00 filing

fee will be required at such time as Stone Container files the

amended petition.

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

__________________

,

1995,

by a vote of S~Q

LQ~

~.

~

Dorothy M.

G~thn, Clerk

Illinois Pollution Control Board