ILLiNOIS POLLUTION CONTROL BOARD
    February
    15,
    1996
    CATERPILLAR, INC.,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    PCB 96-175
    )
    (Permit Appeal
    -
    Land
    ILLINOIS ENVIRONMENTAL
    )
    Ninety-Day Extension)
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    ORDER OF TIlE BOARD (by C.A. Manning):
    On February 8,
    1996, the Illinois Environmental Protection Agency (Agency) and
    Caterpillar, Inc. (Caterpillar) filed a joint notice of extension of the 35-day appeal period
    pursuant to Section 40 of the Environmental Protection Act, relating to a January 4,
    1996 Agency
    determination regarding Caterpillar’s permit application.
    The Agency requested the extension
    “to April
    3,
    1996, or any other date not more than atotal of 90 days from the date of the Agency’s
    final determination.”
    P.A. 88-690 (SB 1724), effective January 24, 1995, amends Section 40(a)(l) which
    governs the permit appeal processto 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 96-175 for any appeal which may be filed
    by Caterpillar.
    In the event that Caterpillar fails
    to file an appeal on or before April 3,
    1996 (the 90th day after January 4,
    1996), the Board will
    dismiss the docket as unnecessary.
    A $75.00 filing fee will, of course, be required at such time
    as Caterpillar files such petition.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
    above order was adopted on the
    /4~~
    day of
    ,
    1996,by a vote of
    7~O.
    Dorothy M. GuprtJClerk
    Illinois Pollutithytontrol Board

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