ILLINOIS POLLUTION CONTROL BOARD
April 2, 1998
ILLINOIS STATE TOLL
HIGHWAY AUTHORITY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 98-125
(UST - Appeal)
(90-Day Extension)
ORDER OF THE BOARD (by C.A. Manning):
On March 30, 1998, the Illinois Environmental Protection Agency (Agency) and the
Illinois State Toll Highway Authority (petitioner) filed a request for extension of the 35-day
appeal period pursuant to Section 40 of the Environmental Protection Act (Act) (415 ILCS
5/40(a)(1) (1996)), relating to a February 13, 1998, Agency determination. The Agency
requested the extension “to May 14, 1998, or any other date not more than a total of 90 days
from the date of the Agency's final determination.”
Section 40(a)(1)of the Act, which governs the appeal process, provides:
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. 415 ILCS 5/40(a)(1) (1996).
As the Board maintains its files by docket number only, the Board will reserve docket
PCB 98-125 for any appeal which may be filed by petitioner. Petitioner is directed to use this
docket number in any future filing concerning this appeal. In the event that petitioner fails to
file an appeal on or before May 14, 1998 (the 90th day after February 13, 1998), the Board
will dismiss the docket. A $75 filing fee will be required if petitioner files such petition.
IT IS SO ORDERED.
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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 2nd day of April 1998 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board