ILLINOIS POLLUTION CONTROL BOARD
June 16, 1983
NAUVOO MILK PRODUCTS, INC.,
)
Petitioner,
v.
)
PCB 83—66
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
Respondent.
ORDER OF THE BOARD
(by J.D.
Dumelle):
This matter comes before the Board upon a May
31,
1983
motion to dismiss filed by the Illinois Environmental Protection
Agency
(Agency).
That motion is premised upon Nauvoo Milk
Products,
Inc.’s late filing of its petition for review of the
Agency’s permit denial.
Such petition is to be filed within
35
days of the date the denial
is mailed by the Agency
t35
Ill. Mm.
Code 1O5.102(a)(2).
Nauvoo filed a response on June
6,
1983.
While the Agency’s denial letter
is dated April
8,
1983,
no
proof has been submitted that it was actually mailed on that
date.
Therefore,
the Board cannot find that Nauvoo’s May
16,
1983 filing was untimely.
Further, even if such proof were made,
under the facts presented, the Board would be reluctant to grant
the Agency’s motion.
The motion to dismiss
is hereby denied.
IT IS SO ORDERED.
I,
Christan
L. Moffett, Clerk of the Illinois Pollution
Control Boqrd hereby certify that the
above Order was adopted on
the
/(~“~
day of
~L-y~_&~
—,
1983 by a
vote of
41_O
Christan
L.
Moff~jf4,Clerk
Illinois Pollutioi~’ControlBoard
52-379