ILLINOIS POLLUTION CONTROL BOARD
March 7,
1996
NORFOLK
SOT JTT-IERN
)
CORPORATION,
)
)
Petitioner,
)
)
PCB96-l90
v.
)
(UST Appeal
)
Ninety-Day Extension)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
ORDER OF THE BOARD (by C.A. Manning):
On March 6,
1996, the Illinois Environmental Protection Agency (Agency) and Norfolk
Southern Corporation (Norfolk) filed ajoint notice of extension of the
35-day
appeal period
pursuant to Section 40
of the Environmental Protection Act, relating to aJanuary 22,
1996
Agency determination regarding Norfolk’s site classification completion report.
The Agency
requested the extension
“to April 21,
1996, or any other date not more than a total 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(c), 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 96-190 for any appeal which may be filed by Norfolk.
In the event that Norfolkfails to file
an appeal on or before April 21, 1996 (the 90th day after January 22, 1996), the Board will
dismiss the docket as unnecessary.
A $75.00 filing fee will, ofcourse, be required at such time
as Norfolk 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
_______
day of
77/
eC-c.cJ/
,
1996, by avote of
7~o
.
Dorothy M. 9~n,Clerk
Illinois Pollv~i6nControl Board