ILLINOIS POLLUTION CONTROL BOARD
April 17, 1997
ATKINSON LANDFILL COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 97-180
(Permit Appeal - Land
Ninety - Day Extension)
ORDER OF THE BOARD (by C.A. Manning):
On April 11, 1997 the Illinois Environmental Protection Agency (Agency) and
Atkinson Landfill Company (petitioner) filed a request for extension of the 35-day appeal
period pursuant to Section 40 of the Environmental Protection Act, relating to a March 4,
1997 Illinois Environmental Protection Agency (Agency) determination. The Agency
requested the extension "to June 2, 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 97-180 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 June 2, 1997 (the 90th day after March 4, 1997), the Board will
dismiss the docket as unnecessary. A $75.00 filing fee will, of course, be required at such
time as petitioner files such petition.
IT IS SO ORDERED.
Board Member J.Theodore Meyer abstained.
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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