ILLINOIS

POLLUTION CONTROL BOARD

January

22, 1981

SHELL OIL COMPANY,

Petitioner,

)

 PCB 81-2

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by

D.

Satchell):

On January

7,

 1981 Shell Oil Company filed a petition for

hearing and notice of appeal of a permit issued by the Illinois

Environmental Protection Agency

 (Agency) November

13,

 1980 and a

motion for leave to file the petition instanter,

 Section 40 of

the Environmental Protebtion Act requires that the petition be

filed within thirty—five days of the Agency~saction.

 The peti-

tion was filed after the lapse of the thirty-five day period.

However,

 since no response to the motion has been filed

by

the

Agency, the Board will grant the motion for leave to file instanter

IProcedural Rules 308 and 509(a)(6fl.

IT IS SO ORDERED.

I,

Christan L, Noffett, Clerk

of the Illinois Pollution

Con-

trol ~oard, hereby certify

that

the

above Order w~sadopted

on the

 day of

~

 1981 by a vote

of

~

Christan L~Mo~,f~t,Clerk

Illinois Pollu~i’~nControl Board

40—367