ILLINOIS
    POLLUTION CONTROL SOARU
    September 21, 1995
    COMPOST ENTERPRISES, INC.,
    )
    Petitioner,
    V.
    )
    PCD
    95—172
    )
    (Permit Appeal-Land
    )
    Ninety-Day Extension)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by C.A. Manning):
    On June 14, 1995, the Illinois Environmental Protection
    Agency (Agency) and Compost Enterprises, Inc., (Compost
    Enterprises) filed a notice of extension of the 35-day appeal
    period pursuant to Section 40 of the Act, relating to a May 16,
    1995 Agency denial of Compost Enterprises application to operate
    a landscape waste management site.
    By order of June 8, 1995, the Board reserved Docket PCB 95-
    172 for any appeal which might be filed by the Compost
    Enterprises. The order stated “In the event that the Compost
    Enterprises fails to file an appeal on or before September 18,
    1995 (the 125th day after May 16, 1995), the Board will dismiss
    the docket as unnecessary.”
    No appeal has been filed. The docket is accordingly
    dismissed 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, hereM c~ify that the above order was adopted on the
    ____
    day of ~
    ,
    1995, by a vote of
    7—C
    Dorothy M. s~g~iS,Cleric
    Illinois P03(1 tion Control Board
    (-V

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