ILLINOIS POLLUTION CONTROL BOARD
June 22,
1995
COMPOST ENTERPRISES,
INC.,
)
)
Petitioner,
v.
)
PCB 95—172
(Permit Appeal-Land
)
Ninety-Day Extension)
)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by C.A. Manning):
On June 14,
1995, the Illinois Environmental Protection
Agency
(Agency)
and Compost Enterprises,
Inc.,
(Compost
Enterprises) filed a notice of extension of the 35—day appeal
period pursuant to Section 40 of the Act, relating to an May 16,
1995 Agency determination denial of Compost Enterprises
application to operate a landscape waste management site.
P.A. 88—690
(SB1724)
effective January 24, 1995,
amends
Section 40(a) (1), which governs the permit appeal process, to
provide:
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.
As the Board maintains its files by docket number only, the
Board will reserve Docket PCB 95-172 for any appeal which may be
filed by Compost Enterprises.
In the event that Compost
Enterprises fails to file an appeal on or before September 18,
1995’
(the 125th day after May 16,
1995),
the Board will dismiss
the docket as unnecessary.
A $75.00 filing fee will,
of course,
be required at such time as Compost Enterprises files such
petition.
IT IS SO ORDERED.
‘Compost Enterprises requested an extension of time to and
including September 20,
1995.
The Board is only able to grant
the extension for 90—days, which the Board calculates as ending
September 18,
1995.
2
I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
Board, hereby c
ify that the above order was adop~edon the ~
day of
__________________
,
1995, by a vote of
b~3
Control Board