ILLINOIS POLLUTION CONTROL

BOARD

October 19, 1995

COSMOS

REALTY, INC.,

)

Petitioner,

V.

)

PCB 96—78

)

(UST Appeal Ninety-

Day Extension)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

ORIJER

OF

THE BOARD (by C.A. Manning):

On October 13, 1995, the Illinois Environmental Protection

Agenoy (Agency) and Cosmos Realty, Inc. (Cosmos) filQd a noticQ

of extension of the 35—day appeal period pursuant to Section 40

of the Act, relating to a September 8, 1995 Agency determination

regarding Cosmos’s Site Classfication Plan. The Acjency requested

the extension “to December 7, 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 (5B1724) effective January

24,

1995, amends

Section 40(c), which governs the underground storage tank 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.

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 seconti 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 GA., 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.” (Remarks 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 96-78 for any appeal which may be

filed by Cosmos. In the event that Cosmos fails to file an

appeal on or before December 7, 1995 (the 90th day after

September 8, 1995), the Board will dismiss the docket as

unnecessary. A $75.00 filing fee will, of course, be required at

such time as Cosmos files such petition.

IT IS SO ORDERED.

I, Dorothy N. Gunn, Clerk of the Illinoi5 Pollution Control

Board,day

of

here

_________________

y rt:ify that the

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___

Dorothy N.,4unn, Clerk

Illinois P~&lutionControl Board