ILLINOIS POLLUTION CONTROL BOARD
    November 2, 1995
    BFI MODERN LANDFILL
    )
    #1 & #2,
    )
    )
    Petitioner,
    )
    )
    v.
    ) PCB 96-86
    ) (Permit Appeal-Land
    ) Ninety-Day Extension)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF THE BOARD (by C.A. Manning):
    On October 20, 1995, the Illinois Environmental Protection
    Agency (Agency) and BFI Modern Landfill #1 & #2 (BFI) filed a
    notice of extension of the 35-day appeal period pursuant to
    Section 40 of the Act, relating to a September 28, 1995 Agency
    determination regarding BFI's permit application. The Agency
    requested the extension "to December 27, 1995, or any other date
    not more than a total of 90 days from the date of the Agency's
    final determination".
    P.A. 88-690 (SB1724) effective January 24, 1995, amends
    Section 40(a)(1), which governs the 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.
    As the Board maintains its files by docket number only, the
    Board will reserve Docket PCB 96-86 for any appeal which may be
    filed by BFI. In the event that BFI fails to file an appeal on
    or before December 27, 1995 (the 90th day after September 28,
    1995), the Board will dismiss the docket as unnecessary. A
    $75.00 filing fee will, of course, be required at such time as
    BFI files such petition.
    IT IS SO ORDERED.
    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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