ILLINOIS POLLUTION CONTROL BOARD
January
18,
1996
BURLINGTON NORTHERN
)
RAILROAD,
)
Petitioner,
)
v.
)
PCB 96—152
)
(Permit Appeal-Land
)
Ninety-Day Extension)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER
OF
THE BOARD (by C.A. Manning):
On January
5,
1996, the Illinois Environmental Protection
Agency (Agency) and Burlington Northern Railroad
(Burlington)
filed a notice of extension of the 35-day appeal period pursuant
to Section 40 of the Act, relating to a November 29, 1995 Agency
determination regarding Burlington’s permit application.
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 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 96—152 for any appeal which may be
filed by Burlington.
In the event that Burlington fails to file
an appeal on or before February 27,
1996
(the 90th day after
November 29, 1995), the Board will dismiss the docket as
unnecessary.
A $75.00 filing fee will, of course, be required at
such time as Burlington files such petition.
IT IS
SO ORDERED.
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, her
certify that the above order was adopted on the
/
day of
4-
,
1996, by a vote of
~O
at
4~yu1
Dorothy M4fGunn, Clerk
Illinois0~o1lutionControl Board