ILLINOIS POLLUTION CONTROL BOARD
March 6, 1997
NORTH SHORE
SANITARY DISTRICT,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 97-140
(Permit Appeal - Land
Ninety-Day Extension)
ORDER OF THE BOARD (by C.A. Manning):
On February 25, 1997 the Illinois Environmental Protection Agency (Agency) and
North Shore Sanitary District (petitioner) filed a joint notice of extension of the 35-day appeal
period pursuant to Section 40 of the Environmental Protection Act (415 ILCS 5/40 (1994)),
relating to a January 17, 1997 Agency determination. The Agency requested the extension "to
April 17, 1997, or any other date not more than a total of 90 days from the date of the
Agency's final determination."
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 97-140 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 April 17, 1997 (the 90th day after January 17, 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
______________.
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board