ILLINOIS POLLUTION CONTROL BOARD
    November 21, 1996
    IMC AGRIBUSINESS
    (formerly New
    Beden/Vigoro Industries)
    ,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 97-86
    (UST - Appeal
    Ninety -Day Extension)
    ORDER OF THE BOARD (by C.A. Manning):
    On November 12, 1996 IMC Agribusiness (petitioner) filed a notice of extension of the
    35-day appeal period pursuant to Section 40 of the Environmental Protection Act, relating to a
    October 9, 1996 Illinois Environmental Protection Agency (Agency) determination. The
    Agency, on November 18, 1996, filed its agreement to an extension to “January 7, 1997, 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) 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 97-86 for any appeal which may be filed by petitioner; petitioner is directed to use this
    docket number in any future filing concerning this appeal. In the event that petitioner fails to
    file an appeal on or before January 7, 1997 (the 90th day after October 9, 1996), the Board
    will dismiss the docket as unnecessary. A $75 filing fee will, of course, be required at such
    time as petitioner files such petition.
    IT IS SO ORDERED.
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _____ day of ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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