ILLINOIS POLLUTION CONTROL BOARD
    December 18, 1997
    KUHN LUMBER COMPANY, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 98-51
    (UST - Reimbursement)
    ORDER OF THE BOARD (by C.A. Manning):
    On October 9, 1997, the Illinois Environmental Protection Agency (Agency) and Kuhn
    Lumber Company, Inc. (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 September 2, 1997, Agency determination.
    By order of October 16, 1997, the Board reserved docket PCB 98-51 for any petition
    which might be filed by petitioner in this matter. The order stated, “[i]n the event that
    petitioner fails to file an appeal on or before December 1, 1997 (the 90th day after September
    2, 1997), the Board will dismiss the docket as unnecessary.”
    Since no petition has been filed, the Board dismisses this matter and closes the docket.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 145 Ill. 2d
    R. 335; 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 the18th day of December 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top