ILLINOIS POLLUTION CONTROL
    BOARD
    November 2, 1995
    SOUTHERN FOOD PARK, INC.,
    )
    (CARTERVILLE/HAN-DEE
    )
    MART #35),
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 96-15
    )
    (UST Fund Ninety-Day
    ) Extension)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by C.A. Manning):
    July 26, 1995, Southern Food Park, Inc., (Southern) filed
    a notice of extension of the 35-day appeal period pursuant to
    Section 40 of the Act, relating to a June 19, 1995 Illinois
    Environmental Protection Agency (Agency) UST determination. On
    August 1, 1995, the Agency filed its agreement to the
    extension.
    By order of August 3, 1995, the Board reserved Docket
    PCB 96-15 for any petition which might be filed by Southern.
    The order stated "In the event that Southern fails to file an
    appeal on or before October 22, 1995 (the 125th day after June
    19, 1995), 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 appeal of final orders of the Board
    within 35 days. 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 , 1995, by a vote of
    .
    2
    Dorothy M. Gunn, Clerk
     
    Illinois Pollution Control Board

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