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

    Back to top