ILLINOIS POLLUTION CONTROL BOARD
May 7, 1998
NORTH SHORE SANITARY DISTRICT,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 98-149
(Permit Appeal - Land)
ORDER OF THE BOARD (by C.A. Manning):
On March 24, 1998, the Illinois Environmental Protection Agency (Agency) issued a
final decision, denying North Shore Sanitary District’s (petitioner) Sulfate Assessment Report,
thereby denying petitioner’s request for permit. Attached to the decision was a document
containing the stated reasons for the denial.
By a letter dated April 28, 1998, petitioner requested that the Agency grant a 90-day
extension of the 35-day appeal period. A copy of this letter was received by the Board on
May 1, 1998. The Agency subsequently denied the request for an extension by letter dated
May 5, 1998, and received by the Board on the same day. The grounds for the denial of the
extension was that the request, received by the Agency on April 30, 1998, was not timely filed
with the Agency.
Because the Agency did not concur in the request for an extension, the statutory
conditions for the extension have not been met. Accordingly, the Board cannot grant a 90-day
extension of the 35-day appeal period in which to file an appeal pursuant to Section 40(a)(1) of
the Environmental Protection Act. 415 ILCS 5/40(a)(1) (1996). The Board can, however,
construe petitioner’s letter requesting an extension of the 35-day time period as a petition for
review so that petitioner will not lose its right to file an appeal of the Agency’s determination.
1
(See,
e.g.
, Gibson Service Station v. Illinois Environmental Protection Agency (June 5, 1997),
PCB 97-198, slip op. at 1; Southern Food Park, Inc. v. Illinois Environmental Protection
Agency (August 3, 1995), PCB 96-15, slip op. at 1; Alloy Casting & Engineering Co. v.
1
An appeal contesting the validity of the Agency’s determination could have been brought to
the Board within 35 days after the Agency’s final determination. (See 415 ILCS
5/57.7(c)(4)(D) (1996); 415 ILCS 5/40(a)(1) (1996); 35 Ill. Adm. Code 732.502(f).) The 35-
day appeal period could have, however, been 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.” (415 ILCS 5/40(a)(1) (1996)). Thus, any complete notice was due to
be filed with the Board or postmarked no later than April 28, 1998, 35 days after the Agency’s
final determination.
2
Illinois Environmental Protection Agency (August 3, 1995), PCB 96-8, slip op. at 1; Stone
Container Corp. v. Illinois Environmental Protection Agency (August 3, 1995), PCB 96-4,
slip op. at 1). Moreover, the Board believes that this is an appropriate course of action
because attached to the letter was the Agency’s letter denying the plan and a document
containing the stated reasons for the Agency’s denial.
Petitioner’s request, construed as a petition for review, however, does not identify
when it was sent to the Board, nor is it sufficient under the Board’s rules (see 35 Ill. Adm.
Code 101.103, 105.102(a)). The Board will therefore give petitioner ten days to file an
amended petition for review and proof of when the request was sent to the Board. If the
petitioner does not file an amended petition for review within this time period, or if no proof
of service is provided or the proof of service indicates that the request for extension was
untimely, this matter will be dismissed, and the docket closed.
The 120-day 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 filing fee will
be required at such time as petitioner files the amended petition (see 35 Ill. Adm. Code
101.120(b)(3)).
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 7th day of May 1998 by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
