ILLINOIS POLLUTION CONTROL BOARD
March 20, 1997
D &L LANDFILL, INC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 97-153
(Permit Appeal - Land
Ninety-Day Extension)
ORDER OF THE BOARD (by C.A. Manning):
On March 10, 1997 D & L Landfill, Inc. (petitioner) filed a notice of extension of the
35-day appeal period pursuant to Section 40 of the Environmental Protection Act, relating to a
February 7, 1997 Illinois Environmental Protection Agency (Agency) determination. On
March 12, 1997 the Agency filed its concurrence and a joint notice. The Agency requested
the extension "to May 8, 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 97-153 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 May 8, 1997 (the 90th day after February 7, 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