ILLINOIS POLLUTION CONTROL BOARD
August
3,
1995
ALLOY CASTING &
)
ENGINEERING COMPANY,
)
Petitioner,
)
V.
)
PCB 96-8
(Permit Appeal-Air
)
Ninety-Day Extension)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by C.A. Manning):
On July 17,
1995, Alloy Casting & Engineering Company
(Alloy)
filed a notice of extension of the 35—day appeal period
pursuant to Section 40 of the Act, relating to a June 13,
1995
Illinois Environmental Protection Agency
(Agency) determination
regarding Alloy permit application.
The Agency on July 25,
1995
filed its agreement to the extension dated July 24,
1995.
P.A. 88—690
(SB1724) effective January 24,
1995,
amends
Section 40.2(a), which governs the air permit appeal process, to
provide:
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.
Accordingly, any complete notice was due to be filed or
postmarked no later than July 18,
1995.
(See
35 Adm. Code
101.102(d) and 101.109.) Although Alloy’s Notice was received
July 17,
1995, the Agency’s agreement was not postmarked until
July 24,
1995 and not received until July 25,
1995, therefore
under amended Section 40.2(a), both parties did not file “within
the initial appeal period.t’
Because the
statutory conditions
for the extension have not been met, the Board cannot grant a 90—
day extension of the time in which to file a permit appeal
pursuant to Section 40.2(a).
The Board can however, accept Alloy’s notice of extension as
a petition for review so that Alloy will not lose its right to
file a permit appeal as result of the
Agency’s late—filed notice
of extension.
Alloy’s notice, of course, does not satisfy the
Board’s petition content requirements set forth in Section
105.102; Alloy could not have anticipated that its notice would
be treated as a permit appeal.
In that the Agency’s notice was
2
received, albeit late,
it is clear the Agency intended that the
extension would be granted; therefore, we will allow 90 days from
the date the notice was due, or from July 18,
1995,
for Alloy to
file an amended petition for review.
If the amended petition is
not filed on or before October 16,
1995, this matter will be
dismissed.
The 120 statutory period in which the Board must
render a final decision will begin running as of the date of the
filing of the amended petition.
Additionally, a $75.00 filing
fee will be required at such time as Alloy files the amended
petition.
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby~certifythat the above order was adopted on the
____
day of
__________________
,
1995, by a vote of
-3-~
(I
I
Control Board