ILLINOIS POLLUTION CONTROL BOARD
November 2, 1995
RICHARD KURTZ (45-Day
)
Report),
)
)
Petitioner,
)
)
v.
)
PCB 96-16
)
(UST Appeal Ninety-Day
) Extension)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD (by C.A. Manning):
On July 27, 1995, the Illinois Environmental Protection
Agency (Agency) and Richard Kurtz (Kurtz) filed a notice of
extension of the 35-day appeal period pursuant to Section 40
of the Act, relating to a June 23, 1995 Agency rejection of
Kurtz's 45-day Report.
By order of August 3, 1995, the Board reserved Docket
PCB 96-16 for any petition which might be filed by Kurtz. The
order stated "In the event that Kurtz fails to file an appeal
on or before October 25, 1995 (the 125th day after June 23,
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
.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board