ILLINOIS POLLUTION CONTROL BOARD
May 15, 1997
OLD ELM COUNTRY CLUB,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 97-185
(UST - Appeal
Ninety-Day Extension)
ORDER OF THE BOARD (by C.A. Manning):
On April 24, 1997 Old Elm Country Club (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 31, 1997 Illinois Environmental Protection Agency (Agency) determination. On
May 5, 1997 the Agency filed its concurrence and a joint notice. The Agency requested the
extension "to June 30, 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 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 97-185 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 30, 1997 (the 90th day after March 31, 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 the15th day of May, 1997, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board