.LLL.LNO.LS
    kVLLUTJ.ON
    CONTROL
    BOARD
    October
    19,
    1995
    LAND
    &
    LAKES
    #3,
    )
    Petitioner,
    v.
    )
    PCB 96-77
    )
    (Permit Appeal-Land
    )
    Ninety-Day Extension)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by C.A. Manning):
    On October
    11,
    1995, Land
    & Lakes filed a notice of
    extension of the 35-day appeal period pursuant to Section
    40
    of
    the Act, relating to a September 7,
    1995 Illinois Environmental
    Protection Agency
    (Agency) determination regarding Land
    & Lakes
    supplemental permit application.
    The Agency on October 12,
    1995
    filed its agreement to the extension.
    The Agency requested the
    extension “to December
    6,
    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 m~ybe
    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.
    In the first several orders concerning the 90-day extension,
    the Board agreed with the parties that the above-quoted language
    was somewhat ambiguous and acceded to an interpretation that the
    extension arguably allowed for a total of 125 days
    (35 days plus
    a 90-day extension.)
    (See C
    & S Recycling.
    Inc.,
    PCB 95-100
    (Orders of March 16, and April
    6)
    However, upon reconsideration
    and a second review of the legislative intent, the Board now
    agrees with the Agency’s current interpretation that an extension
    totaling only 90 days is more consistent with the legislative
    history of P.A. 88-690.
    (88th G.A., April 21,
    1994, Senate Tr.
    at 227, “...~the bill
    provides a procedure for extending the
    period of time to challenge EPA permit decisions from thirty-five
    to ninety days.”
    (Reiuarcs
    of Senator Mahar).)
    In this case and
    in the future, the Board will grant extensions allowing for
    appeal no later than 90 days from the date of the Agency final
    determination at issue.
    As the Board maintains its files by docket number only, the
    Board will reserve Docket PCB 96-77 for any appeal which may be
    filed by Land
    & Lakes.
    In the event that Land
    & Lakes fails to
    file an appeal on or before December 6,
    1995
    (the 90th day after
    September 7,
    1995), the Board will dismiss the docket as
    unnecessary.
    A $75.00 filing fee will,
    of course, be required at
    such time as Land & Lakes files such petition.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby~.çertifythat the above order was adopted on the
    /
    day of __________________
    ,
    1995, by a vote of
    7
    o
    Dorothy M.,qünn, Clerk
    Illinois
    lution Control Board

    Back to top