ILLINOIS POLLUTION CONTROL BOARD
March 5, 1998
PHILLIPS 66 COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 98-110
(UST - Appeal)
(90-Day Extension)
ORDER OF THE BOARD (by C.A. Manning):
On February 23, 1998, the Illinois Environmental Protection Agency (Agency) and the
Phillips 66 Company (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 January 15, 1998, Agency determination. The Agency requested the
extension “to April 15, 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 98-110 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 April 15, 1998 (the 90th day after January 15, 1998), the Board
will dismiss the docket. A $75 filing fee will be required if petitioner files a 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 5th day of March 1998 by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board