ILLINOIS POLLUTION CONTROL BOARD
April 6,
1995
WEST
SUBURBAN
RECYCLING
)
and ENERGY CENTER,
)
)
Petitioner,
)
v.
)
PCB 95—119
)
(Permit Appeal-Land
)
Ninety-Day Extension)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
WEST
SUBURBAN
RECYCLING
)
and ENERGY CENTER,
)
)
Petitioner,
)
V.
)
PCB 95—125
)
(Permit Appeal-Air
)
Ninety-Day Extension)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by C.A. Manning):
On April
2,
1995, West Suburban Recycling and Energy Center
(West Suburban) and the Agency filed a notice of extension of the
35-day appeal period pursuant to Section 40 of the Act, relating
to a February 27, 1995 Agency determination that West Suburban’s
land permit application to develop a solid waste management site
was denied.
On April
6,
1995, the Agency filed a clarification of its
April 2,
1995 letter.
It stated that the notice of extension was
also intended to cover its February 27,
1995 denial of an air
permit,
as well as the land permit.
P.A. 88-690
(SB1724) effective January 24,
1995,
amends
Section 40(a)(1), which governs the permit appeal process, to
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 and
requires separate petitions for the appeal of each separate
permit, the Board will reserve Docket PCB 95-119 for any appeal
of the land permit application, and PCB 95-125 for any appeal of
the air permit application which may be filed by West Suburban.
In the event that West Suburban fails to file an appeal in PCB
95—119 or PCB 95—125 on or before July 2,
1995
(the 125th day
after February 27,
1995), the Board will dismiss the docket as
unnecessary.
A $75.00 filing fee will, of course, be required at
such time as West Suburban files each petition.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control1 ~
Board, hereb~ycertify that the above order was adopted on the ~
day of
(j~~L&~L’
,
1995, by a vote of
7~
Dorothy
!~4
Gunn,
Clerk
Illinois C~ollutionControl Board