ILLINOIS POLLUTION CONTROL BOARD

April 4,

1996

SCHILLING PETROLEUM COMPANY

)

(Hi Horse Mobil),

)

)

Petitioner,

)

)

PCB 96-134

V.

)

(UST

-

Appeal

)

Ninety-Day Extension)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

)

ORDER OF THE

BOARD

(by C.A. Manning):

On December 21,

1995

the Illinois Environmental Protection Agency

(Agency)

and

Schilling

Petroleum Company (Schilling)

filed a notice of extension of the 35-day appeal

period pursuant to

Section 40 of the Environmental Protection

Act,

relating to a December 6,

1995 Agency final reimbursement decision.

The Agency requested the extension

“to March 5,

1996,

or any other date not more than a total of 90 days from the date of the Agency’s final

determination.”

By

order of January 4,

1996

the Board reserved docket PCB 96-134 for any

petition

which might be filed by Schilling.

The order stated,

“In the event that Schilling

fails to

file an

appeal

on or before March

5,

1996

(the 90th day after December 6,

1995) the Board

will

dismiss the docket as unnecessary.”

No petition has been filed.

This matter is dismissed and the docket

is closed as

unnecessary.

IT IS

SO

ORDERED.

Section 41

of the Act (415 ILCS 5/41

(1994)) provides for the appeal of final Board

orders within

35

days ofthe date of service of this order.

The Rules of the Supreme Court of

Illinois establish

filing requirements.

(See

also 35

Ill.

Adm.

Code

101.246

“Motions for

Reconsideration.”)

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution

Control Board,

hereby certify

that

the above order was adopted on the

~

day

of

___________,

1996, by a vote of

~

~

Dorothy M.

Gthln, Clerk

Illinois

Pollution Control Board