ILLINOIS POLLUTION CONTROL BOARD
    February 6, 1997
    HERB TREDER (Physical Soil
    Classification),
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 97-125
    (UST Appeal
    Ninety-Day Extension)
    ORDER OF THE BOARD (by C.A. Manning):
    On January 16, 1997 Herb Treder (petitioner) filed a notice of extension of the 35-day
    appeal period pursuant to Section 40(a)(1) of the Environmental Protection Act (Act). (415
    ILCS 5/40(a)(1).) On February 4, 1997 the Illinois Environmental Protection Agency
    (Agency) filed a joint notice of extension of the 35-day appeal period pursuant to Section
    40(a)(1) of the Act. The petitioner and the Agency requested an extension from 35 days to 90
    days, or until March 24, 1997 in which it may petition the Board for a hearing with regard to
    Agency’s determination concerning a Physical Soil Classification and Groundwater
    Investigation Work Plan.
    P.A. 88-690 (SB1724), effective January 24, 1995, amends Section 40(a) 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, the Board will reserve docket
    PCB 97-125 for any appeal which may be filed by petitioner; petitioner is directed to use this
    docket number in any future filing concerning this appeal. In the event that petitioner fails to
    file an appeal on or before March 24, 1997, the Board will dismiss the docket as unnecessary.
    A $75 filing fee will, of course, be required at such time as petitioner files such petition.
    IT IS SO ORDERED.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the _____ day of ___________, 1997, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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