ILLINOIS POLLUTION CONTROL BOARD
    November 2, 1995
    FLYNN READY-MIX CONCRETE
    )
    (Site Classification Work Plan),
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 96-19
    )
    (UST Appeal
    )
    Ninety-Day Extension)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    FLYNN READY-MIX CONCRETE
    )
    (Site Classification Completeness )
    Report),
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 96-35
    )
    (UST Appeal
    )
    Ninety-Day Extension)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by C.A. Manning):
    By order of August 3, 1995, the Board acknowledged the
    parties' joint notice of extension of the 35-day appeal period
    pursuant to Section 40 of the Act, relating to a June 23, 1995
    Agency UST decision. The Board reserved Docket PCB 96-19 for
    any appeal, calculated as due to be filed on or before October
    25, 1995.
    On August 7, 1995, the Agency filed a joint motion to
    supplement the previous joint request. The motion states that
    the Agency made two decisions on June 23, 1995: rejection of
    Flynn's UST Site Classification Work Plan (SCWP) and rejection
    of its Site Classification Completion Report (SCCR). The
    Board granted the motion to supplement. Docket PCB 96-19 was
    reserved for SCWP issues while PCB 96-35 was reserved for SCCR
    issues.
    The order stated "In the event that Flynn fails to file an
    2
    appeal in PCB 96-19 and/or PCB 96-35 on or before October 25,
    1995 (the 125th day after June 23, 1995), the Board will
    dismiss the dockets as unnecessary"
    No petition has been filed. This matter is dismissed and
    the dockets are 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

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