ILLINOIS POLLUTION CONTROL BOARD
    March
    9,
    1989
    CHEMETCO INC.,
    Petitioner,
    v.
    )
    PCB 89—3
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.D.
    Dumelle):
    This matter comes before the Board
    upon
    a February
    14,
    1989,
    motion to dismiss
    filed
    the
    the Illinois
    Environmental Protection
    Agency (Agency).
    On March
    1,
    1989, Chemetco,
    Inc.,
    (Chemetco)
    filed
    a response.
    The Board notes that Chemetco’s response was
    not filed within
    the seven—day response period provided under
    Section 103.140(c)
    of
    the Board’s Procedural Rules
    (35 Ill. Adm.
    Code 103.140(c)).
    Nor was Chernetco’s response accompanied by a
    motion for leave
    to file instanter.
    Therefore,
    Chemetco’s
    response is not accepted.
    In support of its motion
    to dismiss
    the Agency states that
    on December
    2,
    1988
    the Agency mailed
    to Chemetco the permit
    in
    issue.
    The Agency states that
    35 days after December
    2 is
    January
    6, 1989
    and that because Chemetco’s petition was
    filed on
    January
    9,
    1989,
    the appeal
    is late and should
    be dismissed.
    The Board does not agree.
    Section 101.105(a)
    of the Board’s
    Procedural Rules
    (35 Ill.
    Adm.
    Code 101.105(a))
    states
    in part:
    Section 101.105
    Computation of Time
    a)
    Computation of any period of time
    prescribed by these rules or the Act
    shall
    begin with the first business
    day following the day on which the
    act, event,
    or development occurs
    and shall
    run until the end of the
    last day,
    or the next following
    business day if the last day
    is
    a
    Saturday, Sunday,
    or
    legal
    holiday.
    Where
    the period of time
    is five days
    or less,
    Saturdays,
    Sundays and legal holidays shall
    be
    excluded
    in the computation of time.
    97—129
    —2—
    Thus,
    the 35—day appeal period begins on the next business day,
    Monday, December
    5,
    1988,
    and ends Monday, January
    9,
    1989.
    As
    Chemetco’s petition was filed on January
    9,
    1989,
    it
    is timely
    filed.
    The Agency’s motion
    is therefore denied.
    The Board notes that the computation of time periods
    is
    currently being addressed
    in
    the Board’s rulemaking proceeding
    R88—5, Revisions
    to
    the Boards Procedural
    Rules.
    Until those
    rules are finally adopted, however, the Board will continue
    to
    comply with Section 101.105(a)
    as written.
    IT
    IS SO ORDERED.
    I,
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adooted
    on
    the
    _______________
    day of ))~-~__1L’
    ,
    1989 by
    a ~iote
    of
    .
    Dorothy
    M.
    ~~inn, Clerk
    Illinois Po~1utionControl Board
    97—130

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