ILLINOIS POLLUTION CONTROL BOARD
June 5, 1997
LITCHFIELD-HILLSBORO LANDFILL,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 97-167
(Permit Appeal - Land)
ORDER OF THE BOARD (by C.A. Manning):
On March 21, 1997 Litchfield-Hillsboro Landfill (petitioner) filed a notice of extension of
the 35-day appeal period pursuant to Section 40(a)(1) of the Environmental Protection Act (415
ILCS 5/40(a)(1)(Supp.1997), relating to a February 19, 1997 Illinois Environmental Protection
Agency (Agency) determination. On March 25, 1997 the Agency filed its concurrence with the
notice of extension and a joint notice of extension of the 35-day appeal period.
By order of
April 3, 1997
the Board reserved docket PCB 97-167 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
May 20, 1997 (the 90th day after February 19, 1997),
the
Board will dismiss the docket as unnecessary.”
Since petitioner has not timely filed an appeal before the Board, the Board dismisses
this matter and closes the docket.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
service of this order. The Rules of the Supreme Court of Illinois establish filing requirements.
(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 5th day of June 1997, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board