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

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