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