ILLINOIS POLLUTION CONTROL BOARD
February
15,
1996
LAND AND LAKES/WHEELING
#5,
)
)
Petitioner,
)
)
v.
)
PCB96-163
)
(Permit Appeal
-
Land
ILLINOIS ENVIRONMENTAL
)
Ninety-Day Extension)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD (by C.A. Manning):
On January
25,
1996, Land & Lakes/Wheeling
#5
(Land & Lakes) filed anotice of
extension ofthe 35-day appeal period pursuant to Section 40 of the Environmental Protection
Act, relating to aJanuary 2,
1996 Illinois Environmental Protection Agency (Agency)
determination regarding Land & Lakes supplemental permit application.
The Agency, on
February 9,
1996, tiled its agreement to the extension.
The Agency requested the extension “to
March 31,
1996, or any other date not more thana total of 90 days from the date ofthe Agency’s
final determination.”
P.A. 88-690 (SB 1724), effective January 24,
1995, amends Section 40(a)(1) which
governs the permit appeal process to provide:
the 35-day period forpetitioning 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 96-163 for any appeal which maybe filed by Land & Lakes.
In the event that Land &
Lakes failsto file an appeal on or before March 31, 1996 (the 90th day after January 2, 1996), 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.
2
I, Dorothy M. Gunn, Clerk ofthe Illinois Pollution Control Board, hereby certify that the
____
_________,1996,
byavote of
7—c
above order was adopted on the /S~day
of___________
Dorothy M. 9qin, Clerk
Illinois Poll&6n Control Board
