ILLINOIS POLLUTION CONTROL BOARD
April
6, 1995
C&S RECYCLING, INC.,
Petitioner,
v.
)
PCB 95—100
)
(Permit Appeal
-
)
90-day extension)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by C.A. Manning):
On March 16,
1995,
the Board issued an order concerning the
notice of extension of the 35 day permit appeal period pursuant
to Section 40(a)(1)
of the Act,
as amended by P.A.
88-690,’ filed
by C&S Recycling,
Inc.
(C&S).
Noting that it was the first such
request filed, the Board stated that it would dismiss the docket
if an appeal was not filed “on or before May 11,
1995,
the 90th
day after February 10,
1995”.
In so stating, the Board had
construed the somewhat ambiguous language of P.A. 88—690 to allow
an extension of the appeal period for a total of 90 days.
Today, in PCB 95-105,
Saline County Landfill v.
IEPA, the
Board granted an extension totaling 125 days
(35 days plus a 90-
day extension), based on petitioner’s interpretation of the
statutory language, with which the Agency did not disagree.
In the interests of consistency, the Board on its own motion
reconsiders its order of March 16,
1995 and modifies its order as
follows.
The extension will continue for
a full 125 days,
so
that in the event C&S fails to file an appeal on or before June
15,
1995, the Board will dismiss this docket.
IT IS SO ORDERED.
P.A. 88—690 amends Section 40(a) (1) to provide,
in
pertinent part, 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.
2
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above order was adopted on the
~‘t~
day of
~J~JJ_
,
1995, by a vote of
7~
Dorothy M/’JGunn, Clerk
Illinois Pollution Control Board