ILLINOIS POLLUTION CONTROL BOARD
November 2, 1995
GILBERT & BENNETT
)
MANUFACTURING COMPANY
)
(Blue Island Facility),
)
)
Petitioner,
)
)
v.
) PCB 96-89
) (Permit Appeal-Land
) Ninety-Day Extension)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD (by C.A. Manning):
On October 24, 1995, the Illinois Environmental Protection
Agency (Agency) and Gilbert & Bennett Manufacturing Company
(Gilbert & Bennett) filed a notice of extension of the 35-day
appeal period pursuant to Section 40 of the Act, relating to a
September 28, 1995 Agency determination regarding Gilbert &
Bennett's permit application. The Agency requested the extension
"to December 27, 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) effective January 24, 1995, amends
Section 40(a)(1), which governs the 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.
As the Board maintains its files by docket number only, the
Board will reserve Docket PCB 96-89 for any appeal which may be
filed by Gilbert & Bennett. In the event that Gilbert & Bennett
fails to file an appeal on or before December 27, 1995 (the 90th
day after September 28, 1995), the Board will dismiss the docket
as unnecessary. A $75.00 filing fee will, of course, be required
at such time as Gilbert & Bennett files such petition.
IT IS SO ORDERED.
M. McFawn abstained
2
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
.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board