ILLINOIS POLLUTION CONTROL BOARD
    May 2, 1996
    LAND AND LAKES/WHEELING #5,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 96-163
    (Permit Appeal - Land)
    ORDER OF THE BOARD (by C.A. Manning):
    On January 25, 1996, Land & Lakes/Wheeling #5 (Land & Lakes) filed a notice of
    extension of the 35-day appeal period pursuant to Section 40 of the Act, relating to a January
    2, 1996 Agency determination. On February 9, 1996, the Agency filed its agreement to the
    extension.
    By order of February 15, 1996, the Board reserved Docket PCB 96-163 for any
    petition which might be filed by Land & Lakes. The order stated "In the event that Land &
    Lakes fails to file an appeal on or before March 31, 1996 (the 90th day after January 2, 1996),
    the Board will dismiss the docket as unnecessary".
    No petition has been filed. This matter is dismissed and the docket is closed as
    unnecessary.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for
    the appeal of final Board orders within 35 days of the date of service of this order. 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 ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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