ILLINOIS POLLUTION CONTROL BOARD
    June 6, 1996
    DAILY SOUTHTOWN, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 96-205
    (Permit Appeal - Air)
    ORDER OF THE BOARD (by C.A. Manning):
    On March 27, 1996 Daily Southtown, Inc. (Southtown) filed a notice of extension of
    the 35-day appeal period pursuant to Section 40 of the Environmental Protection Act, relating
    to a February 23, 1996 Illinois Environmental Protection Agency (Agency) final
    determination. The Agency, on April 1, 1996, filed its agreement to the extension.
    By order of April 4, 1996 the Board reserved docket PCB 96-205 for any petition
    which might be filed by Southtown. The order stated, “In the event that Southtown fails to
    file an appeal on or before May 23, 1996 (the 90th day after February 23, 1996), the Board
    will dismiss the docket as unnecessary.”
    No petition has been filed. This matter is dismissed and the docket is closed as
    unnecessary.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
    the appeal of final Board orders 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.”)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _____ day of ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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