ILLINOIS POLLUTION CONTROL BOARD
    June 5, 1997
    SKY-VIEW WHOLESALE NURSERY
    SALES COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 97-206
    (UST Appeal
    90-Day Extension)
    ORDER OF THE BOARD (by C.A. Manning):
    On May 19 , 1997 Sky-View Wholesale Nursery Company (petitioner) filed a request
    for extension of the 35-day appeal period pursuant to Section 40 of the Environmental
    Protection Act (415 ILCS 5/40(a)(1)(Supp.1997)), relating to an April 23, 1997 Illinois
    Environmental Protection Agency (Agency) determination. On May 27, 1997, the Agency
    filed its concurrence and a joint notice. The Agency requested the extension "to July 22,
    1997, or any other date not more than a total of 90 days from the date of the Agency's final
    determination."
    Section 40(a)(1), which governs the appeal process, provides:
    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. (415 ILCS 5/40(a)(1)(Supp.1997).)
    As the Board maintains its files by docket number only, the Board will reserve docket
    PCB 97-206 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 July 22, 1997 (the 90th day after April 23, 1997), the Board will
    dismiss the docket. A $75 filing fee will be required if 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 5th day of June 1997, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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